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U.S. FOREST SERVICE 

The National Forest Manual 
Water Power, Telephone, Tele- 
graph, Pov/er Transiaiasion Line8| 
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U. S. DEPARTMENT OF AGRICULTURE, 



FOREST SERVICE 

HENRY S. GRAVES, Forester. 



THE lYATIONAL FOR R8T MANUAL. 

REGULATIONS OP THE SEUilETARY OF AGRICULTURE AND 

INSTRUCTIONS TO FOREST OFFICERS RELATING TO 

WATER POWER (ACT OF FEBRUARY 15, 1901) AND 

TELEPHONE, TELEGRAPH, AND POWER 

TRANSMISSION LINES (ACT OP 

MARCH 4, 1911). 



ISSUED BY THE 

SECRETARY OF AQRICULTURK 

TO TAKE EFFECT 

P RBRUARY 24, 1913. 



WATER POWER, 

TELEPHONE, TELEGRAPH, 

'DWER TRANSMISSION LINES. 




ASHINGTON 

GOVK[; . 'T- rRIXTINC4 OFFICE 
1913 



U. S. DEPARTMENT OF AGRICULTURE, 

FOREST SERVICE. 

HENRY S. GRAVES, Forester. 



THE NATIONAL FOREST MANUAL. 

REGULATIONS OF THE SECRETARY OF AGRICULTURE AND 

INSTRUCTIONS TO FOREST OFFICERS RELATING TO 

WATER POWER (ACT OF FEBRUARY 15, 1901) AND 

TELEPHONE, TELEGRAPH, AND POWER 

TRANSMISSION LINES (ACT OF 

MARCH 4, 1911). 



ISSUED BY THE 

SECRETARY OF AGRICULTURE 

TO TAKE EFFECT 

FEBRUARY 24, 1913. 



WATER POWER, 

TELEPHONE. TELEGRAPH, 

POWER TRANSMISSION LINES. 




WASHINGTON 
GOVERNMENT PRINTING OFFICE 

1913 



\0 



The Secretary * * * may make such rules and regulations 
* * * as will insure the objects of said reservations, namel}'', to 
regulate their occupancj' and use and to preserve the forests thereon 
from destruction; and any violation of this act or such rules and 
regulations shall be punished (by $500 fine or 12 months' imprison- 
ment, or both) as is i^rovided for in the act of June 4, 1888, amending 
section 5388 of the Revised Statutes of the United States. (Act of 
June 4, 1897, 30 Stat., 11.) 



D. OF D. 
MAB 1^ 1913 



N 



CONTENTS 



Kegulations: Pae&, 

Authority to make and publiah 7 

Power permits in general — 7 

Filing of applications 7 

Priority of applications, how secured and maintained 8 

Exclusive use under final permits 8 

Successive preliminary permits 9 

Water rights, permits do not give 9 

Water rights, department does not adjudicate 9 

Approval of State water commissions 9 

Approval of State Public Utility Commission 9 

Term of permits 9 

Definition of terms 9 

Municipal purposes 9 

Power business 9 

Power system 9 

Power project 9 

Project works 10 

Construction 10 

Operation period 10 

Survey-construction period 10 

Load factor 10 

Total capacity of power site 10 

Rental capacity of power site 10 

Charges for permits .' 11 

Preliminary permits 11 

Final permits 11 

Free permits 12 

Partially free permits 12 

Permit voidable for nonpayment 12 

Revision of rates 12 

Decision of Secretary final 12 

General requirements, all applications 12 

Preliminary power permits, requirements of applications for 13 

Final power permits, requirements of applications for 14 

Power projects of lOO-horsepower capacity, requirements of, applications 

for 17 

Stipulations required for final permit 17 

Stipulations for final power permit 17 

Location of works IS 

Beginning of construction 18 

Completion of construction 18 

Continuous operation 18 

Alterations and amendments IS 

Payment of rental charge 18 

Installation of meters 18 

Books and records open to Secretary 18 

Uniform system of accounting 18 

Protection of telephone lines, etc 19 

Clearing of land 19 

Disposal of brush and refuse 19 

Repairing of roads and trails 19 

Prevention of forest fires 19 

Payment for timber 19 

Payment for damage 1^ 

3 



THE NATIONAL FOREST MANUAL. 



REGULATIONS. 

United States Department of Agriculture, 

Office of the Secretary, 

Washington, D. G. 
By virtue of the authority vested in me by the act of Congress of 
February 1, 1905 (33 Stat., 628), amendatory of the act of Congress 
of June 4, 1897 (30 Stat., 11) , and by the act "of Congress of March 4, 
1911 (36 Stat., 1253), I, James Wilson, Secretary of Agriculture, do 
make and publish the following regulations for the occupancy and 
use of the National Forests for purposes of power development and 
utilization, and for telephone, telegraph, and power-transmission 
lines, the same to supersede all previous regulations for like purposes, 
and to be of force and effect from the date of this order, and to 
constitute a part of the Use Book. 

In testimony whereof I have hereunto set my hand and official 
seal at Washington, D. C, this 24th day of February, 1913. 
[seal.] James Wilson, 

Secretary of Agriculture. 



WATER POWER, ACT OF FEBRUARY 15, 1901. 

Reg. L-1. Preliminary power permits will allow the occupancy 
of the lands of the United States within National Forests, hereinafter 
called " National Forest lands," for the purpose of securing the data 
required for an application for final permit and for such construc- 
tion as may be necessary to preserve water appropriation during that 
period. Final power permits will allow the occupancy and use of 
such lands for the construction, maintenance, and operation thereon 
of project works for the development, transmission, and use of power. 
Preliminary or final permits for power sites of a total capacity in 
excess of one hundred (100) horsepower will be granted, extended, and 
renewed only by the Secretaiy of Agriculture, hereinafter called " the 
Secretary." Permits for transmission lines (except such as are 
included in a general power permit) will be granted, extended, and 
renewed by the Forester. Permits for power sites of a total capac- 
ity of one hundred (100) horsepower or less will be granted, ex- 
tended, and renewed by the district forester. The Secretary alone 
may revoke power permits. 

Reg. Ii-2. Application for preliminary or final permits for occu- 
pancy or use of lands of the United States should be submitted as 
follows : 

For National Forest lands : To the district forester of the district 
in which the lands are situated. 



8 NATIONAL FOREST MANUAL. 

For lands of the United States which are outside the National 
Forests: To the local land office of the land district in which the 
lands are situated (unless otherwise directed by the regulations of 
the Department of the Interior). 

For lands in part National Forest lands and in part lands of the 
United States outside the National Forests: In the same manner as 
for National Forest lands, but the applicant shall also submit to the 
local land office in the land district in which the lands outside the 
National Forests are situated such maps and papers and copies 
thereof as are required in the regulations of the Department of the 
Interior. 

Reg. L-3. Priority of consideration of applications for final 
power permits shall be initiated in the order of filing complete appli- 
cations, whether such applications be for preliminary permits as pre- 
scribed in Regulation L-10 or for final permits as prescribed in 
either Kegulation L-11 or Regulation L-12. If a preliminary per- 
mittee shall file such complete application for final permit before loss 
of priority initiated by the application for preliminary permit, the 
priority so initiated shall be maintained by the application for final 
permit and be effective as of the date of the application for the pre- 
liminary permit. Priority shall be maintained, however, only in so 
far as the projects shown in the application for final permit are 
within the approximate limits of diversion and discharge as shown in 
the application for the preliminary permit. Priority initiated or 
maintained by an application for final permit shall be lost if the 
applicant fails to make the payment required and to return a duly 
executed stipulation as prescribed in Regulation Lf-14 or in Regula- 
tion L-15 within 90 days from a date fixed in the letter transmitting 
such stipulation to him, unless a longer time is allowed by written 
authority of the Secretary. Priority initiated by an application for 
preliminary permit shall be lost (1) if the initial payment is not 
made within 60 days of demand therefor, or (2) if the application 
for final permit is not filed within the time required in the prelimi- 
nary permit. Priority initiated or maintained by an application for 
a permit shall be lost if the permit is revoked. No other applica- 
tion, either preliminary or final, for a like use covering in whole or 
in part the same or adjacent lands will be accepted from the per- 
mittee whose priority is lost until the expiration of one j^ear there- 
after; and this restriction shall extend to transferees of the permittee, 
and if the permittee is a corporation, to reincorporations representing 
the same or associated interests, whenever in the judgment of the 
Secretary a transfer or reincorporation has been effected for the pur- 
pose or with the result of escaping the restriction of this regulation, 
it being the intent of such restriction to leave open to other appli- 
cants for a period of one j^ear power sites upon which priorities have 
lapsed as provided in this regulation. 

Reg. L-4. Final permits will be issued only in case it appears 
that the j^roposed occupancy and use will be in general accord with 
the most beneficial utilization of the resources involved and con- 
sistent with the public interest. No final power permit will be issued 
if the works to be constructed thereunder will in any way interfere 
with works operated or constructed or to be constructed under an 
existing final power permit. No final power permit will be issued 



NATIONAL FOREST MANUAL. 9 

for the construction of works within an area covered by a prior pre- 
liminary permit until after the filing of final application or the loss 
of priority by the prior preliminary permittee. Applications for 
final power permits involving in whole or in part the same lands will 
be examined in order of their priority, but before the issuance of final 
permit consideration may be given, in the discretion of the Secretary, 
to the financial ability and business connections and affiliations of 
the applicants. Successive preliminary permits may be issued cover- 
ing the same power site, but in each successive preliminary permit it 
shall be specified that such permit is subordinate to all outstanding 
prior permits and shall not adversely aifect any rights thereunder. 

Reg. L-5. The applicant must file the evidence of initiation of 
water appropriation as in these regulations hereafter required. 
Thereafter no protest against the issuance of a permit, if based 
solely upon alleged lack of water rights, will be considered; nor, in 
general, will any allegation that the time of beginning or comple- 
tion of construction has been or is delayed by litigation over water 
rights be accepted as a sufficient reason for granting any extension of 
time. Wherever the approval of a local administrative board or com- 
mission is a condition precedent to the right either to take and use 
water for power purposes or to engage in the business of the genera- 
tion, transmission, or distribution of powder, certified evidence of such 
approval must be filed with the district forester before a final permit 
will be issued. 

Keg. L-6. Unless sooner revoked by the Secretary, a final power 
permit shall terminate at the expiration of 50 years from the date of 
the permit. If, however, at any time not less than 2 or more than 
12 years prior to the termination of the permit the permittee shall 
formally notif}^ the Secretary that he desires a new permit to occupy 
nnd use such lands as are occupied and used under the existing per- 
mit, and will comply with all then existing laws and regulations gov- 
erning the occupancy and use of National Forest lands for power pur- 
poses, the existing permit will be considered as an application for 
such new permit. 

Reg. L-7. The following terms, wherever used in these regula- 
tions, shall have the meaning hereby in this regulation assigned to 
them, respectively, viz : 

" Municipal purposes " means and includes all purposes within 
municipal powers as defined by the charter of the municipal corpo- 
ration, where any such purpose is directly pursued by the municipal 
corporation itself with the primary object of promoting the security, 
health, good government, or general convenience of its inhabitants. 

" Power business " means the entire business of the applicant or 
permittee in the generation, distribution, and delivery of power by 
means of an}'^ one power system, together with all works and tangible 
property involved therein, including freeholds and leaseholds in real 
property. 

" Power S3^stem " means all interconnected plants and works for 
the generation, distribution, and deliver}- of power. 

" Power project " means a complete unit of power development, 
consisting of a power house, conduit or conduits conducting water 
thereto, all storage or diverting or fore-bay reservoirs used in connec- 
tion therewith, the transmission line delivering power therefrom, 

78183—13 2 



10 NATIONAL FOEEST MANUAL. 

any other miscellaneous structures used in connection with said unit 
or any part thereof, and all lands the occupancy and use of which 
are necessary or appropriate in the development of power in said 
unit. 

" Project works " means the physical structures of a power project. 

" Construction of the project works " means the actual construc- 
tion of dams, water conduits, power houses, transmission lines, or 
some permanent structure necessary to the operation of the complete 
power project, and does not include surveys or the building of roads 
and trails, or the clearing of reservoir sites or other lands to be occu- 
pied, or the performance of any work preliminary to the actual con- 
struction of the permanent project works. 

" Operation period " means the period covered by final permit 
subsequent to the actual beginning of operation. 

" Surve3'^-const,ruction period " means the period covered by pre- 
liminarji' and final permits prior to the operation period. 

" Nominal stream flow " means the sum of («) the flow determined 
by averaging the values estimated for the natural mean flow for the 
two-month (calendar) minimum-flow period in each successive five- 
year period or major fraction thereof, and (h) the stream flow made 
available from storage not by the project works. 

" Load factor " means the ratio of average power output to maxi- 
mum power output. 

" Total capacity of the power site " means the continued product 
of (1) the factor 0.08;^ (2) the average effective head, in feet; (3) 
the stream flow estimated to be available at the intake (in second-feet 
and in amount not to exceed the maximum hydraulic capacity of the 
project works considered as the sum of (a) the nominal stream flow 
and (6) stream flow made available from storage by project works; 
and (4) a factor not less than the average load factor of the power 
system, representing the degree of practicable utilization of the 
stream flow estimated to be available, and based on the extent of 
fore-bay storage and the load factor of the power system. 

" Rental capacity of the power site " means the capacity on which 
the rental charges are based. Unless otherwise ordered by the Secre- 
tary, it will be determined by making the following deductions from 
the total capacity of the power site. 

(a) Whenever power projects include water-conduit sites not 
wholly on National Forest lands a deduction will be made from that 
part of the total capacity of the power site which is due to the use 
of the nominal stream flow. This deduction will be, in per cent, the 
sum of (1) the product of the proportion of the average effective 
head obtained from the dam by the per cent of submerged lands 
below the flow line fixed by the average effective head that are not 
National Forest lands, and (2) the product of the proportion of the 
average effective head obtained from the water conduit (from intake 
to tail-race outlet) by the per cent of the length of said conduit which 
is not located on National Forest lands. 

(h) Whenever power projects include reservoir sites not wholly 
on National Forest lands a deduction will be made from that part 
of the total capacity of the power site which is due to the use of 
stream flow made available from storage by the project works. This 

1 The factor 0.08 represents the horsepower at 70 per cent efficiency of a second-foot 
of water falling through a head of 1 foot. 



NATIONAL FOREST MANUAL. 11 

deduction will be the per cent of the total area of the reservoir sites 
that is not National Forest land. 

(c) From the total capacity of the power site which remains after 
deductions {a) and (&) have been made will be made a further de- 
duction which, in per cent, shall be the product of the square of the 
distance of primary transmission in miles and the factor of 0.001, 
but in no case shall deduction (c) exceed 25 per cent. 

Beg. L-8. The occupancy and use of National Forest lands (other- 
wise than by transmission lines) under a preliminary or final power 
permit for power sites of more than 100-horsepower total capacity 
(except permits to municipal corporations for municipal purposes^ 
or for irrigation, or for temporary construction of project works as 
in this regulation hereafter specified) will be conditioned on the pay- 
ment in advance for each calendar year of a rental charge calculated 
from the " rental capacity of the power site," as defined in Regula- 
tion L-7, at the following rates per horsepower per year, unless 
otherwise ordered by the Secretary : 

For the unexpired portion of tlie calendar year and for tlie first full 
calendar year of the survey-construction period, and similarly for the 

operation period : $0. 10 

For the second full calendar year of each of said periods . 20 

For the third year . 30 

For the fourth year .40 

For the fifth year . 50 

For the sixth year .60 

For the seventh year . 70 

For the eighth year . 80 

For the ninth year .90 

For the tenth and each succeeding year 1.00 

The occupancy and use of National Forest lands by transmission 
lines, except only where such lines are owned and operated by a 
municipal corporation for municipal purposes, or are part of a power 
project under permit, or are to be used temporarily in the construc- 
tion of project works under permit issued to the same permittee, will 
be conditioned on the payment in advance for each calendar year of 
a rental charge of five dollars ($5) for each mile or fraction thereof, 
unless otherwise ordered by the Secretary. 

The rental charges on account of a preliminary power permit will 
be calculated from the rental capacity of the power site as estimated 
by the Secretary at the time of granting such permit. The rental 
charges on account of a final power permit will be calculated from the 
rental capacity of the power site as estimated by the Secretary at 
the time of granting said final permit, provided that said estimated 
rental capacity ma}^ be adjusted by the Secretary (a) to provide for 
changes made during construction, (&) annually to provide for 
changes in ownership of lands in reservoir sites and on water-conduit 
lines, and for changes in length of primary transmission, (c) to pro- 
vide for changes in nominal stream flow whenever such flow is in- 
creased or decreased because of additional storage or otherwise; or 
(d) whenever not less than ten (10) years after the determination of 
the last preceding estimated value thereof, the permittee shall apply 
for or the Secretary give notice of a redetermination of the rental 
capacity of the power site. 

The first payment by every permittee shall be the charge for a full 
year, but any excess of said payment over the pro rata charge for the 



12 NATIONAL FOREST MANUAL. 

..nexpired portion of the calendar year in which the permit is issued 
^vill be credited to the permittee as a part of his payment for the first 
full calendar year. 

All payments made for the survey-construction period will be 
I'l-edited to the permittee for the cancellation of charges as they be- 
:ome due in the operation period. 

No rental charge will be made for the occupancy and use oi 
National Forest lands under a preliminary or final power permit 
(except as hereinbefore provided for transmission lines) authorizing 
such occupancy and use by municipal corporations for municipal 
purposes, or by other permittees for irrigation as auxiliary to irri- 
gation works owned and operated b}' the permittees, or for the tem- 
porary development of power to be used in the construction of per- 
manent project works under permit issued to the same permittees. 
Whenever a power project is not used exclusively for the purposes 
above named, such a proportional part of the full schedule charge 
for any calendar year will be credited to the permittee as the power 
developed by the project works and used for the purposes above 
named bears to the total output of the project works for said year. 
All amounts so credited will be applied to the cancellation of charges 
as they may thereafter become due. 

If all or any part of the amounts due for rental charges as required 
in the preliminary permit shall, after due notice has been given, be 
in arrears for 60 days, then and thereupon the preliminary permit 
shall terminate and be void without revocation by the Secretary. If 
all or any part of the amounts due for rental charges, as required 
in the final permit, shall, after due notice has been given, be in arrears 
for six months, then and thereupon the final permit shall terminate 
and be void and will be formally revoked by the Secretary. ' 

At any time not less than 10 years after the issuance of final permit 
or after the last revision of rates of rental charges thereunder, the 
Secretary may review such rental rates and impose such new rental 
rates as he may decide to be reasonable and proper : Provided^ That 
such rental rates shall not be so increased as to reduce the margin of 
income (including appreciation in land values) from the power proj- 
ect under premit, over proper actual and estimated expenses (includ- 
ing reasonable allowance for renewals and sinking-fund charges) to 
an amount which, in view of all the circumstances (including fair 
development expenses and working capital) and risks of the enter- 
prise (including obsolescence, inadequacy, and supersession) is un- 
reasonably small, but the burden of proving such unreasonableness 
shall rest upon the permittee. 

The decision of the Secretary shall be final as to all matters of fact 
apon which the calculation of the capacities or rentals depends. 

Reg. L-9. All applications for power permits, whether prelimi- 
nary or final, to occupy and use National Forest lands under these 
regulations shall be filed with the district forester of the district in 
which the lands are situated and shall, if the applicant be an indi- 
vidual, contain a sworn statement that he is a citizen of the United 
States. If the applicant is an association of citizens, the applica- 
tion shall contain a sworn statement that each member is a citizen 
of the United States. Associations must, in addition, submit their 
articles of association ; if there be none, the fact must be stated over 
the signature of each member of the association. 



NATIONAL FOREST MANUAL. 13 

If the applicant is an incorporated company its application niu~t. 
be accompanied by the papers below in this regulation specified : 

(A) A copy of its articles of incorporation, duly certified to by 
the officer of the State having custody of the original thereof. 

(B) When a comj)any is operating in a State other than that in 
which it is incorporated, it must submit the certificate of the proper 
officer of the State that it has complied with the laws of that State 
governing foreign corporations to the extent required to entitle the 
company to operate in such State. 

(C) A true list, signed by the secretary, under the seal of the 
company, showing the names and designations of its officers and 
directors at the date of the filing of the items by this regulation 
required. 

Reg. L-10. All applications for preliminary permits to occupy 
and use National Forest lands for the purpose of securing the data 
required for an application for final permit for power projects of 
more than 100 horsepower total capacity shall consist of the follow- 
ing items (in addition to those specified in Regulation L-9), each 
of which shall be dated and signed by the applicant : 

(D) An application in triplicate, on Form 58. 

(E) A map on tracing linen, and three print copies, cut to a uni- 
form size and not larger than 28 by 40 inches and not smaller than 
'24: by 36 inches, with scale so selected as to show upon a single map 
the power project or projects applied for, showing the approximate 
location of the dams, reservoirs, conduits, power houses, and other 
project works. The map shall show : For each reservoir site, the 
distance and bearing of one extremity of the dam from the nearest 
existing corner of the public survey and approximately the position 
of the maximum flow line; and for each water-conduit line, the 
distance and bearing of each terminus from the nearest existing 
corner of the public survey and the approximate location of the 
water conduit. If on unsurveyed land, the distances and bearings 
may be taken from a permanent mark on some natural object or 
permanent monument that can be readily found and recognized. 

(F) Estimates in triplicate for each power project of (1) the 
total average effective head to be utilized, and the per cent thereof to 
be obtained from dam and water conduit, respectively; (2) the 
stream flow, and the per cent thereof to be made available from 
storage by the project works and by other works, respectively ; 

(3) the area to be flooded by back water from the diversion dam; 

(4) the length of the proposed water conduit (from intake to tail- 
race outlet) ; (5) the area and available capacity of each proposed 
storage reservoir; (6) the probable load factor of the power system; 
and (7) the distance, in miles, of proposed primary transmission. 

These estimates should be accompanied by complete statements in 
detail of all data on which they are based, including stream measure- 
ments, rainfall, stream flow and evaporation records, drainage areas, 
probable points of delivery of power, and any other pertinent 
information. 

(G) A duly certified copy of such notice or application, if any, 
as is required to be posted or filed, or both, to initiate the appropria- 
tion of water under the local laws. This notice or application should 
provide for use, by the applicant for a power permit or by his 



14 NATIONAL FOREST MANUAL. 

predecessors, of sufficient water for the full operation of the^project 
works. 

Application must be made for the occupancy and use of such 
lands for a definite, limited period only, which period will allow a 
reasonable time for the preparation and filing' of the final applica- 
tion as prescribed in Kegulation L-11. The time prescribed in the 
preliminary permit may upon application be extended by the Sec- 
retary if the completion of the final application has been prevented 
by unusual climatic conditions that could not reasonably have been 
foreseen or by some special or peculiar cause beyond the control of 
the permittee. 

An application for a preliminary power permit shall not be com- 
plete until every map or paper required by Regulation L-9 and by 
this regnilation shall have been filed in the form prescribed. 

Reg. L-11. All applications for final permits to occupy and use 
[National Forest lands for power projects of more than 100 horse- 
power total capacity shall consist of the :following items (in addi- 
tion to those specified in Regulation L-9) : 

(D) An application in triplicate on Form 60. 

(E) Maps of location and plans of structures on tracing linen, with 
three print copies cut to uniform size not larger than 28 by 40 inches 
and not smaller than 24 by 36 inches, with graphical scale not less 
than 6 inches in length drawn thereon. Separate sheets shall be 
used for maps of location whenever the whole survey can not be 
shown upon a single sheet. 

(1) The following maps and plans shall be sumbitted for each 
reservoir that will be a part of the power project or projects applied 
for: (a) A contour map of each reservoir site, dam, and dam site 
on a scale of not more than 400 feet' to the inch, with a contour in- 
terval of not more than 10 feet. The contour map for each reservoir 
site shall show the high-water flow line and in case the reservoir is 
to be used in whole or in part for diversion purposes, the flow line 
fixed by the estimated average effective head, and also a table of areas 
and capacities for each flow line and each contour line, (h) A cross 
section of each dam site along the center line of the proposed dam, 
with a graphical log properly located thereon of each boring, test 
pit, or other exploration, and a brief statement of the character and 
dip of underlying materiaL (<?) Plans, elevations, and cross sections 
of the dams, showing spillways, sluiceways, or sluice pipes, and other 
outlet works; and also a statement of the volume of the dam, the 
character of the materials used, and the type of construction. 

(2) The following maps and plans shall be submitted for the 
entire length of each water conduit, from intake to tailrace outlet, 
that will be a part of the power project or projects applied for: 
(a) A contour map and profile of the entire water-conduit location 
on a scale of not more than 400 feet to the inch, with contour interval 
of not more than 10 feet. The contours shall cover either an area 
of 100 feet in width on each side of the center line of the water 
conduit or a difference in elevation of at least 25 feet above and below 
the grade line of the conduit. This map shall show the transit line 
of the survey and the center line of the proposed final location of 
the water conduit, including curves between tangents. This map 
shall also show what sections of the water conduit will be in flume, 
ditch, tunnel, pipe, etc., and the grade of each section, (h) Plans, 



NATIONAL FOREST MANUAL. 15 

elevations, and cross sections of each type of water conduit, showing 
material, dimensions, grades, flow line, and capacity and plans and 
elevations of intake works and fore bays. 

(3) A contour map on a scale of not more than 50 feet to the inch, 
with a contour interval of not more than 5 feet, showing the proposed 
location of the power house, other buildings, etc., shall be filed for 
each power-house site that will be a part of the power project or 
projects applied for. This map shall also state the proposed type 
and estimated number and rated capacity of the water wheels and 
generators to be used. 

(4) A map of the survey of the proposed final location of the 
center line of the transmission line, on a scale of not more than 
1,000 feet to the inch, shall be filed for such portions of transmission 
lines as are located upon National Forest lands. 

(5) A general map of the entire power project or projects applied 
for (except transmission lines), on such a scale that the entire survey 
may be shown upon a single sheet; also a similar map showing the 
entire primary transmission system. 

(F) Copies of field notes in triplicate of the entire final location 
survey of water conduits, and transmission lines, the exterior bound- 
aries of power-house and reservoir sites, and all reference lines to 
public-land corners. 

(G) Estimates in triplicate for each power project of (1) the total 
average effective head to be utilized, and the per cent thereof to be 
obtained from dam and from water conduit, respectively; (2) the 
stream flow, and the per cent thereof made available from storage 
by the project works and by other works, respectively; (3) the area 
to be flooded by the dam below the flow line fixed by the estimated 
average effective head; (4) the length of the proposed water conduit 
(from intake to tailrace outlet) ; (5) the area and available capacity 
of each proposed storage reservoir; (6) the available storage capacity 
of fore bays (or diversion pond) ; (7) the probable load factor of the 
power system, and (8) the distances in miles of primary transmission. 

These estimates should be accompanied by complete statements in 
detail of all data on which they are based, including stream measure- 
ments, rainfall, stream flow, and evaporation records, drainage areas, 
total static head and losses in head, probable maximum, minimum, 
and average power output, load curves of the power system, effi- 
ciencies of machinery, probable points of delivery of power, and all 
other pertinent information. 

(H) Such evidence of water appropriation as is specified in Regu- 
lation L-10 (G). If such cAadence has been filed with an application 
for a premliminary permit, only such additional evidence, in general, 
will be required as will cover appropriations or transfers subsequent 
to the date of the evidence filed with the application for preliminary 
permit. But wherever the approval of a local administrative board 
or commission is a condition precedent to the right either to take and 
use water for power purposes or to engage in the business of the 
generation, transmission, or distribution of power, certified evidence 
of such approval must also be filed with the application for final 
permit. 

(I) A detailed statement in triplicate by the applicant of the time 
desired for making financial arrangements, for completing prelimi- 



16 NATIONAL FOREST MANUAL. 

nary construction, and for beginning " construction of the*project 
works," as defined in Regulation L-7. 

(J) The application shall be accompanied by an affidavit of the ap- 
plicant's engineer and a certificate of the applicant (see pp. 31 and 
32). Affidavits and certificates will not be placed upon maps, plans, 
and other exhibits, but will be filed as separate exhibit. 

The maps and field notes shall show reference lines to initial point 
of survey, to termini of water conduits, and to termini of transmis- 
sion lines (when within a National Forest, or not more than 2 miles 
outside its exterior boundary measured along the transmission line). 
The maps and field notes shall also show the intersection of the sur- 
vey line with the lines of public-land subdivision and with boundaries 
of National Forests and other reservations of the United States. 

The termini of water conduits, the termini of transmission lines, 
the intersections with boundaries of reservations of the United 
States, and the initial point of survey of power house sites shall be 
fixed by reference by course and distance to the nearest existing 
corner of the public survey. The initial point of the survey of reser- 
voir sites shall be fixed by reference by course and distance to the 
nearest existing corner outside of the reservoir by a line or lines not 
crossing an area that will be covered with water when the reservoir 
is in use. When any such terminus, intersection, or initial point is 
upon unsurveyed land, it shall be connected by traverse with an 
established corner of the public survey, and the distance from the 
terminus, intersection, or initial point to the corner shall be com- 
puted and noted on the map. When the nearest established corner 
of the public survey is more than 2 miles distant, this connection 
may be with a permanent mark on a natural object or a permanent 
monument which can be readily found and recognized. The field 
notes shall give an accurate description of the natural object or 
monument and full data of traverse as required above. The inter- 
sections of the survey lines with section lines of the public-land sur- 
vey shall be referenced by course and distance to the nearest existing 
corner along the section lines intersected. If no corner can be found 
within a half mile of the survey line, the fact may be noted on the 
map and in the field notes, and the reference omitted. The maps 
shall also show all lines of public-land subdivisions by official survey; 
the protractions on unsurveyed land of section and township lines, 
such protractions in any National Forest to confonn to the diagram 
accompanying the proclamation establisliing the boundaries of such 
National Forest; and the status as to ownership of all lands of the 
power project or projects, designating separately lands patented, 
lands of the United States entered or otherwise embraced in an 
unperfected claim under the public-land laws, unreserved lands of 
the United States, and, separately for each reservation, lands in- 
eluded within National Forests and other reservations of the United 
States. Elevations and contour lines shall be based on United States 
Geological Survey datum whenever available. 

Each separate original map, plan, set of field notes, estimates 
and data, evidence of water appropriation, articles of incorporation, 
etc.. shall be plainly marked " Exhibit A," " Exhibit B," etc.. respec- 
tively, and referred to by such designation in the application. Maps 
and plans shall in addition be described in the application by their 
titles as " Exhibit A, map of location of," etc., " Exhibit B, plan of," 



NATIONAL FOREST MANUAL. 17 

etc. Duplicate and triplicate copies, etc., should be marked 
" Exhibit A, duplicate," " Exhibit A, triplicate," etc. Maps should 
be rolled for mailing, and should not be folded. 

An application for final permit shall not be complete until every 
map or paper required by Regulation L-9 and by this regulation 
has been filed in the form prescribed. 

Reg. L-12. No applications will be received for preliminary per- 
mits for the occupancy and use of National Forest lands for power 
projects of 100 horsepower total capacity or less. Applications for 
final permits for such occupancy and use shall be in writing, dated, 
and signed by the applicant, and, in addition to the items specified 
in Regulation L-9, shall be accompanied by: 

(D) Maps showing the location of dams, reservoirs, conduits, 
power houses, and transmission lines or other works. 

(E) Field notes of the survey in triplicate. 

(F) A statement in triplicate of the amount of water to be 
diverted for use, the maximum capacity of the diversion works, 
and the total average static and effective heads to be utilized. 

(G) Such showing as is specified in Regulation L-11 (H). 

The map shall consist of one original on tracing linen and three 
print copies, and shall not be larger than 28 by 40 inches or smaller 
than 24 by 36 inches, and may be on any convenient scale. The map 
shall show the status as to ownership of all lands in the power 
project, designating separately lands patented, lands of the United 
States entered or otherwise embraced in any unperfected claim under 
the public-land laws, unreserved lands of the United States, and, 
separately for each reservation, lands included in National Forests 
and other reservations of the United States. The map shall also 
show : For each reservoir site, the distance and bearing of the initial 
point of survey from the nearest existing corner of the public sur- 
vey, the location of the maximum-flow line, and the area and avail- 
able storage capacity of the reservoir; for each water-conduit line, 
the distance and bearing of each terminus from the nearest corner 
of the public survey, the location of the center line of the conduit, 
its length, and the intersections of the center line with the section 
lines of the public-land survey and boundaries of National Forests 
and other reservations of the United States; and for each power- 
house site, the distance and bearing of the initial point of survey 
from the nearest corner of the public survey, the location of the 
exterior boundaries of the site, and the area. If on unsurveyed 
land, the distances and bearings may, if the nearest existing corner 
of the public survey is more than 2 miles distant, be taken from a 
■permanent mark on some natural object or permanent monument 
that can be readily found and recognized. 

Reg. L-13. Before a final power permit will be issued the per- 
mittee shall execute and file a stipulation, which, upon its approval, 
shall constitute and express the conditions of the permit. Such 
stipulation shall expressly bind the applicant to such of the items 
enumerated in Regulation L-14 and other such conditions as may 
be required. 

Reg. L-14. In so far as applicable to the specific occupancy and 
use under permit, the occupancy and use of National Forest lands 
for power purposes will be permitted upon the following conditions, 

78183—13 3 



18 NATIONAL FOREST MANUAL. 

and not otherwise ; and these conditions shall also apply to ail exist- 
ing permits, in which the occupancy and use of National Forest 
land is conditioned upon the compliance by the permittee "with the 
regulations of the Secretary as at any time existing. In general 
such conditions will be embodied in a stipulation to be signed by 
the applicant, but whether so embodied or not, and in so far as 
applicable, the permittee will be bound : 

(A) To construct the project works on the location shown upon 
and in accordance with the maps and plans submitted with the final 
application for permit, and to make no material deviation from said 
location unless and until maps and plans showing such deviation 
shall have been submitted and approved. (See Reg. L-16.) 

(B) To begin the construction of the project works, or the several 
parts thereof, within a specified period or periods from the date of 
execution of the permit, and thereafter to diligently and continuously 
prosecute such construction unless temporarily interrupted by climatic 
conditions or by some special or peculiar cause beyond the control of 
the permittee. 

(C) To complete the construction and begin the operation of the 
project works, or the several parts thereof, within a specified period 
or periods from the date of execution of the permit. 

(D) To operate the project works continuously for the develop- 
ment, transmission, and use of power, unless upon a full and sat- 
isfactory showing that such operation is prevented by unavoidable 
accidents or contingencies this requirement is temporarily waived 
by the written consent of the Secretary. 

(E) To pay annually, in advance, such rental charges as may be 
fixed and required by the Secretary under these regulations. 
(Eeg. 1^8.) 

(F) On demand of the Secretary to install at such places and 
maintain in good operating condition in such manner as shall be 
approved by the Secretary, free of all expense to the United States, 
accurate meters, measuring weirs, gauges, or other devices approved 
by the Secretary and adequate for the determination of the amount 
of power developed by the project works and of the flow of the 
stream or streams from which the water is to be diverted for the 
operation of the project works and of the amount of water used in 
the operation of the project works and of the amount of water held 
in and drawn from storage; to keep accurate and sufficient records of 
the foregoing determinations to the satisfaction of the Secretary; 
and to make a return during January of each year, under oath, of 
such of the records of measurements for the year ended on December 
31, preceding, made by or in the possession of the permittee, as may 
be required by the Secretary. 

(G) That the books and records of the peiinittee, in so far as they 
contain information concerning the power project or projects under 
permit and the power business conducted in connection therewith, 
shall be open at all times to the inspection and examination of the 
Secretary, or other officer or agent of the United States duly author- 
ized to make such inspection and examination. 

(H) On demand of the Secretary to maintain a system of ac- 
counting of the entire power business conducted in connection with 
the power project or projects under permit in such form as the Secre- 
tary may prescribe or approve, which system as far as is practicable 
will be uniform for all permittees, and to render annually such 



NATIONAL FOREST MANUAL. 19 

reports of the power business as the Secretary may direct : Provided^ 
however^ That if the laws of the State in which the power business 
or any part thereof is transacted require periodical reports from 
public-utility corporations under a uniform system of accounting, 
copies of such reports so made will be accepted as fulfilling the 
requirements of this clause. 

(I) To protect all Government and other telephone, telegraph, 
and power-transmission lines at crossings of and at all places of prox- 
imity to the permittee's transmission line in a workmanlike manner 
according to the usual standards of safetj^ for construction, operation, 
and maintenance in such cases, and to maintain transmission lines in 
such manner as not to menace life or property. 

(J) To clear and keep clear all lands of the power project for such 
width and in such manner as the Forest officers may direct. 

(K) To dispose of all brush, refuse, or unused timber on National 
Forest lands resulting from the construction and maintenance of the 
project works, as may be requested by the Forest officers. 

(L) To build and repair roads and trails as required by the 
Forest officers, or other agents of the United States, whenever any 
existing roads or trails are destroyed or injured by the construction 
work or flooding under permit ; and to build and maintain necessary and 
suitable crossings for all roads and trails which intersect the water 
conduit, if any, constructed, maintained, or operated under permit. 

(M) To do everything reasonably within the power of the per- 
mittee, its employees, contractors, and employees of contractors, both 
independently and on request of the Forest officers, or other agents 
of the United States, to prevent and suppress fires upon or near the 
lands occupied under permit. 

(N) To pay the full value, as fixed by the district forester, of all 
timber cut, injured, or destroyed on National Forest lands in the 
construction, maintenance, and operation of the project works. 

(O) To pay the United States full value resulting from the break- 
ing of or the overflowing, leaking, or seeping of water from the 
project works, and for all other damage to the lands or other prop- 
erty of the United States caused by the neglect of the permittee or 
of the employees, contractors, or employees of the contractors of the 
permittee. 

(P) To indemnify the United States against any liability for 
damage to life or property arising from the occupancy or use of 
National Forest lands by the permittee. 

(Q) To sell power to the United States, when requested, at as low 
a rate as is given to any other purchaser for a like use at the same 
time and under similar conditions if the permittee can furnish the 
same to the United States without diminishing the quantity of power 
sold before such request to any other customer by a binding contract 
of sale : Provided, That nothing in this clause shall be construed to 
require the permittee to increase permanent works or to install ad- 
ditional generating machinery. 

(R) To abide by such reasonable regulation of the service ren- 
dered and to be rendered by the permittee to consumers of power 
furnished or transmitted by the permittee, and of rates of payment 
therefor, as may from time to time be prescribed by the State or any 
duly constituted agency of the State in which the service is rendered. 

(S) Upon demand therefor in writing from the Secretary to sur- 
render the permit to the United States or to transfer the same to such 



20 NATIONAL FOREST MANUAL. 

State or municipal corporation as the Secretary may designtte, and 
on the conditions specified in this paragraph; also to give, grant, bar- 
gain, sell, and transfer with the permit (upon such demand and upon 
said conditions) all works, equipment, structures, and property then 
owned or held and then valuable or serviceable in the generation, 
transmission, or distribution of electrical or other power, and which 
are then dependent in whole or in part for their usefulness upon the 
continuance of the permit, together with all interest in any leaseholds 
of operating property used in connection with the works under per- 
mit, and all contracts for the sale and deliveiy of electrical or other 
power. The Secretary may require such surrender if the United 
States shall desire to take over the permit and properties, or whenever 
a substantial part of such property is situated elsewhere than on 
National Forest lands he may designate as such transferee any State 
or municipal corporation which shall desire such transfer : Provided^ 
however^ That no municipal corporation shall be so designated unless 
by condemnation it shall have acquired, or unless by proceedings in 
a court of competent jurisdiction it shall have been determined that 
such municipality has the right to acquire, such property situated 
elsewhere than on National Forest lands: And provided further. 
That no such municipal corporation shall be so designated unless it 
also has the power to acquire the said property and rights of the 
permittee in accordance with the following conditions. Such sur- 
render or transfer shall be on condition precedent that the United 
States or such transferee shall first pay to the permittee the reason- 
able value of all said works, equipment, structures, and other tangible 
property, and in addition thereto a bonus of three-fourths of 1 per 
cent of such reasonable value for each full year of the unexpired term 
of the permit. Such reasonable value shall not include any sum for 
any permit, franchise, or right granted by the United States, by any 
State, or by any municipal corporation in excess of the amount (exclu- 
sive of any tax or annual charge) actually paid to the United States 
or to such State or municipal corporation as the compensation for the 
granting of such permit, franchise, or right, or any sum for any other 
mtangible properties or values whatsoever, it being the intent of this 
paragraph that all such intangible values shall be covered by the 
bonus herein provided for. Such reasonable value shall be deter- 
minded by mutual agreement between the parties in interest ; and, in 
case they can not agree, by a board of arbitration of three members, 
one of whom shall be named by the permittee and one by the trans- 
feree; the third shall be either the Secretary or some representative 
whom he may name. The reasonable value, for the purposes of such 
determination, of such works, equipment, structures, and other tangi- 
ble property shall be the cost of reproduction of such works, equip- 
ment, structures, and other tangible property under substantially the 
same conditions as existed at the time of the original construction and 
at prices for labor and material which shall be the average of such 
prices for the five years next preceding the date of valuation, less a 
percentage of such reproduction cost equal to the per cent of physical 
and functional depreciation of the existing works, equipment, struc- 
tures, and other tangible property. 

(T) That in respect to the regulation by any competent public 
authority of the service to be rendered by the permittee or the price 



NATIONAL FOEEST MANUAL. 21 

to be charged therefor, and in respect to any purchase or taking over 
of the properties or business of the permittee or any part thereof by 
the United States, or by any State within which the works are situ- 
ated or business carried on in whole or in part, or by any municipal 
corporation in such State, no value whatsoever shall at any time be 
assigned to or claimed for the permit applied for, or for the occu- 
pancy or use of National Forest lands granted thereunder, nor shall 
such permit or such occupancy and use ever be estimated or consid- 
ered as property upon which the permittee shall be entitled to earn 
or receive any return, income, price, or compensation whatsoever. 

(U) That the works to be constructed, maintained, and operated 
under the permit shall not be owned, leased, trusteed, possessed, or 
controlled by any device or in any manner so that they form part of, 
or in any way effect, any combination in the form of an unlawful 
trust, or form the subject of any unlawful contract or conspiracy to 
limit the output of electric energy, or are in restraint of trade with 
foreign nations or between two or more States or within any one 
State in the generation, sale, or distribution of electric energy or 
other power. 

(V) That any approval of any alteration or amendment, or of 
any map or plan, or of any extension of time, shall affect only so 
much of the stipulation or permit as is specifically covered by such 
approval; and that no approval of any such alteration, amendment, 
or extension shall operate to alter or amend, or in any way whatso- 
ever be a waiver of any other part, condition, or provision of the 
stipulation or permit. 

(W) That the permit shall be subject to all prior valid claims and 
permits which are not subject to the occupancy and use authorized 
under the permit applied for. 

Reg. L-15. During the progress of construction amendments to 
maps of location or plans of structures will be required from the 
permittee if there is to be a material deviation from the maps or 
plans as originally filed, but no deviation will be allowed which inter- 
feres with the occupancy and use of lands under existing permits or 
pending applications. Any approval of any such deviation, or of 
any amendment of a map or plan, or of any extension of time shall 
be in the form of a supplemental stipulation and permit so drawn as 
to become a part of the original stipulation and permit and a sub- 
stitute for the clauses amended. Any such approval shall apply only 
to the matter specifically covered thereby, and no such approval shall 
operate to alter or amend or be in any way a waiver of any other 
part, condition, or provision of the stipulation or permit. 

If, after the completion of the project works, there are any devia- 
tions in location from those shown upon the original maps or approved 
amendments thereof, additional maps prepared in the manner pre- 
scribed for original maps of location will be required to be filed 
within six months after the completion of the project works show- 
ing the extent of such deviations and the final locations of such 
project works. Also upon the completion of the project works de- 
tailed working plans will be required of the works as constructed, 
except such parts as have been constructed in compliance with plans 
originally filed or approved amendments thereof. Such new or addi- 
tional plans may be originals on tracing linen or Vandyke negatives 
of the permittee's own working plans. The plans of conduits, dams, 



22 NATIONAL FOEEST MANUAL. 

and appurtenant structures must be complete; of power houses, only 
general layout plans are required. 

Reg. L-16. An extension of the periods stipulated in the permit 
for beginning or completing construction and for beginning opera- 
tion will be granted only by the written approval of the Secretary 
after a showing by the permittee satisfactory to the Secretary that 
beginning or completing construction and beginning operation has 
been prevented by engineering difficulties that could not reasonably, 
have been foreseen or by other special and peculiar causes beyond the 
control of the j^ermittee. 

Reg. L-17. A final permit may be transferred to a new permittee 
under the following conditions and not otherwise: The proposed 
transferee shall file with the district forester of the district in which 
the lands under permit are situated the decree, execution of judgment, 
will, proposed contract of sale, or other written instrument upon 
which the proposed transfer is based, or a properly certified copy 
thereof, also an application by the proposed transferee in the form 
of a stipulation binding the proposed transferee to the performance 
of such new and additional conditions expressed therein as the Sec- 
retary may deem necessary; and thereupon the Secretary ma}^, in 
his discretion, approve in writing the proposed transfer, and after 
such approval the transferee shall succeed to all the rights and obli- 
gations of the permittee, subject, however, to such new and additional 
conditions as shall have been embodied in such agreement and so 
approved. 

Reg. L-18. If any person shall make a false engineer's affidavit 
under these regulations the Secretary may order that no map, field 
notes, plan, or estimate made by such person shall be received or 
filed while the order is in force. If any person or corporation for 
himself or itself or as the attorney, agent, or employee of another, 
shall offer or file any false engineer's affidavit, knowing the same 
to be false, the Secretary may order that no application for a power 
permit shall be filed by or received from the person or corporation 
so offending, either in his or its own behalf or as attorney, agent, 
or employee of another, and that no power permit shall be issued to 
such person or corporation while the order is in force. 

Reg. L-19. Violation by a final permittee of any of the provi- 
sions of these regulations, or of any of the conditions of a permit 
issued to him thereunder, shall be sufficient ground for revocation of 
such permit; but attention is called to the statute under which these 
regulations are issued, which provides: 

That any permission .given by the Secretary of the Interior (Agri- 
culture) under the provisions of this act may be revoked by 
him or by his successor in his discretion. 

No final permit will be deemed to be terminated except upon formal 
revocation thereof by the Secretary and until the permittee shall have 
had a reasonable time — not to exceed 90 days — within which to show 
cause why such revocation should not be made. 

Reg. L-20. Any power project under permit, or any part thereof, 
whether constructed or unconstructed, may be abandoned by the per- 
mittee upon the written approval of the Secretary after a finding 



NATIONAL FOKEST MANUAL. 23 

by the Secretary that such abandonment will not tend to prevent the 
subsequent development of such project or part thereof so abandoned, 
and after the fulfillment by the permittee of all the obligations 
under the stipulation and permit, in respect to payment or other- 
wise, existing at the time of such approval. Upon such abandon- 
ment, after such approval thereof and fulfillment of existing obliga- 
tions, so much of the stipulation and permit as relates to the aban- 
doned project or part of a project will be formally revoked by the 
Secretary. 

RIGHTS OF WAY FOR TELEPHONE, TELEGRAPH, AND POWER- 
TRANSMISSION LINES UNDER THE ACT OF MARCH 4, 1911. 

Reg. L-21. Eights of way over National Forest lands for tele- 
phone, telegraph, and power-transmission lines, under the act of 
March 4, 1911 (36 Stat., 1253), will be granted by the Secretary of 
Agriculture. 

Reg. L-22. All applications for rights of way over National 
Forest lands for power-transmission lines or for telephone or tele- 
graph lines, under the said act of March 4, 1911, shall be filed with 
the district forester of the district in which the lands to be occupied 
are situated and shall consist of — 

(A) The items specified in Regulation L-9; 

(B) Field notes of survey in triplicate ; 

(C) Maps of location on tracing linen in duplicate with three 
print copies prepared in the manner prescribed for transmission 
lines in Regulation L-11. Each sheet of maps shall in addition be 
verified by an indorsement thereon in the following form: 

State of 

County of , ss: 

, being duly sworu, says that beginning on the day 

of , 19__, and ending on the day of , 19__, he surveyed for 

the location of a proposed line de- 
scribed as follows: (Here describe the line by termini and length), and that 
such survey is accurately represented upon this map and by the accompanying 
field notes. 



Surveyor. 
Sworn to and subscribed before me this day of , 19__. 

Each sheet of the map must have an application indorsed thereon 
in the following form : 

(Date) , 19__. 

of hereby applies, under the act 

of March 4, 1911 (36 Stat., 1253), and the regulations thereunder promulgated 
by the Secretary, United States Department of Agriculture, for a right of way 
for a line, the location of which is shown hereon. 



Applicant. 

Reg. L-23. The grantee shall, unless otherwise ordered by the 
Secretary, pay annually in advance a rental charge of $5 for each 
mile or fraction thereof of National Forest land crossed by power- 
transmission lines. 

Reg. L-24. If the right of way applied for is for telephone or 
telegraph lines, no rentals will be charged, but the applicant shall 



24 NATIONAL FOKEST MANUAL. 

agree to furnisli such facilities to Forest officers and to perijiit such 
reasonable use of its poles or lines as may be determined upon be- 
tween the applicant and the district forester at the time of filing the 
application. 

Reg. L-25. The applicant shall file, together with the application 
as required under Regulation L-22, a stipulation which, upon its ap- 
proval by the Secretary of Agriculture, shall constitute and express 
the conditions under which the grant will be made. Such stipula- 
tion shall expressly bind the applicant : 

(A) To construct its lines upon the locations shown upon the maps 
submitted with its application and to complete such construction 
within two years from the date of the grant of the right of way. 

(B) To operate its lines continuously after construction is com- 
pleted, unless upon a full and satisfactory showing that such continu- 
ous operation is prevented by unavoidable accident or contingency 
this condition is temporarily waived by the Secretary. 

(C) To pay annually in advance such charges as may be fixed and 
required by the Secretary for power-transmission lines under these 
regulations. 

(D) On demand of the Secretary to install at such places and 
maintain in good operating condition in such manner as shall be ap- 
proved by the Secretar}^ accurate meters, or other devices approved 
by the Secretary, adequate for the determination of the amount of 
power delivered over transmission lines under grant, or any part 
thereof; to keep accurate and sufficient records of the foregoing de- 
terminations to the satisfaction of the Secretary; and to make a re- 
turn during January of each year, under oath, of such of the records 
of measurements for the year ended on December 31, preceding, 
made by or in the possession of the grantee, as may be required, by 
the Secretary. 

(E) That the books and records of the grantee, in so far as they 
contain information conc^ning the power-transmission lines under 
grant, or the power business conducted in connection therewith, 
shall be open at all times to the inspection and examination of the 
Secretary, or other officer or agent of the United States duly author- 
ized to make such inspection and examination. 

(F) On demand of the Secretary to maintain a system of account- 
ing of the entire power business, conducted in connection with the 
power-transmission lines under grant, in such form as the Secretary 
may prescribe or approve, and to render annually such reports of 
the power business as the Secretary may direct: Prooided, hoiuever^ 
That if the laws of the State in Avhich the power business or any part 
thereof is transacted require periodical reports from public-utility 
corporations under a uniform system of accounting, copies of such 
i-eports so made will be accepted as fulfilling the requirements of this 
clause. 

(G) To protect all Government and other telephone, telegraph, 
and power-transmission lines at the crossing of and at all places of 
proximity to the grantee's telephone, telegraph, and power-transmis- 
sion lines in a workmanlike manner, according to the usual standards 
of safety for construction, operation, and maintenance in such cases, 
and to maintain the telephone, telegraph, and power-transmission 
lines in such a manner as not to menace life or property. 



NATIONAL FOREST MANUAL. 25 

(H) To clear and keep clear National Forest lands along the right 
of way for such width and in such manner as Forest officers may 
direct. 

(I) To dispose to the satisfaction of the Forest officers of all 
brush, refuse, or unused timber on National Forest lands resulting 
from the construction, maintenance, and operation of its lines under 
the grant. 

(J) To do everything reasonable within the power of the grantee, 
both independently and on request of the Forest officers, to prevent 
and suppress fires on or near the lands occupied. 

(K) To pay the full value as fixed by the district forester for all 
timber cut, injured, or destroyed on National Forest lands in the con- 
struction, maintenance, and operation of the lines under grant. • 

(L) To indemnify the United States against any liability for dam- 
ages to life or property arising from the occupancy or use of Na- 
tional Forest lands by the grantee. 

(M) To sell power to the United States when requested at as low 
a rate as is given to any other purchaser for a like use at the same 
time and under similar conditions, if the grantee can furnish the 
same to the United States without diminishing the quantity of power 
sold before such request to any other customer by a binding contract 
of sale: Prorided., That nothing in this clause shall be construed to 
require the grantee to increase permanent works or install additional 
generating machinery. 

(N) To abide by such reasonable regulation of the service ren- 
dered and to be rendered by the grantee, whether in respect to the 
furnishing or transmitting of power or to the transmitting of com- 
munications by telephone or telegraph, and of rates of payment 
therefor, as may from time to time be prescribed by the State or any 
duly constituted agency of the State in which the service is rendered. 

(O) That the lines to be constructed, maintained, and operated 
under the grant shall not be owned, leased, trusteed, possessed, or con- 
trolled by any device or in any manner, so that they form part of or 
in any wa}^ effect any combination in the form of an unlawful trust ; 
or form the subject of any unlawful contract or conspiracy to limit 
the output of electric energy; or are in unlawful restraint of trade 
Avith foreign nations, or between two or more States, or within any 
one State, in the generation, sale, or distribution of electric energy 
or in the transmission of communications by telephone or telegraph. 

(P) That in respect to the regulation by any competent public 
authority of the service to be rendered by the grantee or of the price 
to be charged therefor, and in respect to any purchase or taking over 
of the works or business of the grantee, or any part thereof, by the 
United States or by any State within which the works are situated or 
business carried on, or by any municipal corporation of such State, 
no value whatsoever shall at any time be assigned to or claimed for 
the right of way granted, nor shall such right of way or grant ever 
be estimated or considered as property upon which the grantee shall 
be entitled to earn or receive any return, income, price, or compensa- 
tion whatsoever. 

Reg. L-26. The grantee shall not assign or transfer to any other 
person or corporation whatsoever the right of way granted, except 
with the approval in writing first oblained from the Secretary of 
78183—13 4 



26 NATIONAL FOREST MANUAL. 

Agriculture, or other proper officer of the United States, arid upon 
terms and conditions prescribed in said written approval by said 
Secretary or other officer. The assignee or transferee under any 
such approval shall take and use the right of way subject to all terms 
and conditions in these regulations together with the original ap- 
proved application and grant set forth, and subject to such additional 
terms and conditions as may be provided by such written approval of 
the transfer. 

Reg. L-27. During the progress of construction amendments to 
maps of location will be required from the grantee, if there is ma- 
terial deviation from the maps as originally filed, but no deviation or 
amendment will be allowed which will interfere with the occupancy 
and use of National Forest lands under existing permits or grants 
under any of the right-of-way acts of the United States. If, after 
the completion of construction, there are any deviations in location 
from those shown upon the original maps or approved amendments 
thereof, additional maps prepared in the manner prescribed for origi- 
nal maps of location must be filed within six months after the com- 
pletion of construction. Such maps shall show the extent of such 
deviation, and the final location of the telephone, telegraph, or power- 
transmission lines as constructed under the authority of the grant. 

Reg. L-28. Grants of rights of way will be effective from the 
date on which the Secretary of Agriculture writes upon the face of 
the maps his approval thereof. 

Reg. L-29. Upon breach by the grantee of any of the terms or 
conditions set forth in these regulations, or in the approved applica- 
tion, or in the grant, the United States may enforce appropriate 
remedy therefor by suit for specific performance, injunction, action 
for damages, or otherwise. And if any such breach shall be con- 
tinued or repeated after 30 days' notice thereof given in behalf of 
the United States to the grantee, the right of way granted, together 
with all rights thereunder and all rental charges and other moneys 
paid thereon, may be forfeited to the United States by a suit for that 
purpose in any court of competent jurisdiction. 

FORMS. 

Form 58. (Revised to Mar. 1, 1913. ( 

United States Department of Agriculture. 

forest service. 

Wator Power. 

Name of Forest. 

(Name of applicant.) 

(Use applied for. i 

(Date of priority of application.) 

(Above l.l.-inks not to be lilled by applicant.) 

APPLICATION FOR PRELIMINARY POWER PERMIT. 

The a corporation organized and 

existing under and by virtue of tbe laws of the State of 

, and having its oflice .-ind principal place of business at 

, in the State of , 

citizen__of the United States aiid__resident of the State of 

, do hereby nialve application for a preliminary permit 



NATIONAL FOEEST MANUAL. 27 

for months, covering certain lands of 

tlie United States witliin the National 

Forest in the State of , as such lands 

are approximately shown upon a certain map executed by 

, on the day of , 191__. which map is 

filed herewith and made a part hereof. This application is made in order 
that may, upon the filing of a com- 
plete and final application in accordance with the regulations of the Secretary 
of Agriculture, secure a priority for said final application from the date of the 
filing of this preliminary application. 

(Space for insertion of request for construction work if necessary to maintain water 

riglits.) 



In witness whereof ha__caused 

this instrument to be executed this day of , 191__. 



(Seal of corporation.) 
Attest : 



Secretary. 

Subscribed and sworn to before me this day of , 191__. 

(Seal.) , 

Notary Puhlic. 

(Copies of this form may be obtained by application to the district foresters.) 



Form 58a. (Revised to Mar. 1, 1913.) 

United States Department of Agriculture. 

forest service. 

Certification of receipt of appUcation for power permit or right-of-way grant. 

The within application of for a 

under the act of was first received by me 

at on , 191--, having been found incomplete it was 

returned to the applicant and was again received on The date of 

priority is 



District Forester. 



The within application having been found incomplete when filed on 

was returned to the applicant for correction with a letter of 

copy of which is attached hei-eto. The application was found complete 

as required by the regulation when examined by me on 



District Engineer. 

If tlie application was complete when first received, cancel the portion of the form which 
is inapplicable. If returned for correction more than once, the additional dates should be 
written in the blanks and be initialed by the district forester or the district engineer, as 
the case may be. Use this form for both preliminary and final power applications and 
right-of-way grants. 



28 NATIONAL FOREST MANUAL. 

Form 59 (revised to Mar. 1, 1913). # 

United Statks L)epartiMent of Agriculture. 

forest service. 

W.-iler rower. 

(Name of Forest.) 

(Name of applicant.) 

(Use applied for.) 

(Date of priority of application.) 



PRELIMINARY TOWER PERMIT. 

This preliminary power permit, issued this day of , 191__, to the 

Company, hereinafter called " the per- 
mitted," a corporation organized and existing under and by virtue of the laws 

of the State of , and having its office 

and principal place of business at , 

in the State of , witnesseth : That, 

Whereas the permittee filed with the district forester at 

, on the day of , 191__, an application for a 

preliminary power permit, in accordance with the regulations of the Secretary 
of Agriculture, hereinafter called " the Secretary ; " 

And whereas the permittee, on the day of , 191--, paid to the 

National Bank of (United States 

depository), to be placed to the credit of the United States, the sum of 

dollars ($ ) : 

Now, therefore, the conditions of this permit are as follows : 

Abticle 1. If the permittee shall, on or before the day of , 191--, 

file with district forester at , in the 

manner prescribed by the regulations of the Secretary, a complete and final 
application for a permit to occupy and use lands of the United States within 
the National Forest, as shown upon a certain map exe- 
cuted by , on the day of , 

191—, and made a part of the aforesaid preliminary application, for (1) 

reservoirs to be located approximately as shown upon the 

aforesaid map; (2) water conduits to be located between 

points of diversion and discharge, as approximately shown upon the aforesaid 

map; (3) power-house sites to be located approximately 

as shown on the aforesaid map; and (4) transmission 

lines to be located approximately as shown on the aforesaid map; then and 
thereupon said final application shall, with reference to priority of application, 
relate back and be effective as of the date of the aforesaid preliminary applica- 
tion; but final permit will not be issued unless the development proposed in 
the final application is in general accord with the most beneficial utilization 
of the resources involve<l and consistent with the public interest. 

Art. 2. If the permittee shall include in said final aiiplication National For- 
est lands which comprehend develoi)ments not included within its preliminary 
application, the priority of its application for such addition;il lands shall date 
only from the date of the filing of said final application. 

Art. 3. The permittee shall pay annually in advance from the 1st day of 
January, 191-_, until the date of the granting of the aforesaid final permit, to 

the National Bank of (United 

States depository) or such other (lovernment depository or officer as may here- 
after be legally designated, to be placed to the cre<^lit of the United States, a 
charge for the priority rights granted tmd(M" this permit, which charge shall 
be calculatefl from the " rental capacity of the power site." as defined in the 
regulations of the Secretary and as estimated at the time of granting this 
permit, at a rate which shall be 10 cents per horsepower per year for the first 
full calendar year under this permit, and which shall increase by 10 cents per 
horsepower per year for each year thereafter until the date of the granting of 
final permit as aforesaid. 



NATIONAL FOREST MANUAL. 29 

Art. 4. If any part of the aforesaid charge, payable as provided in article 2 
hereof, shall, after due notice has been given, be in arrears for GO days, then 
and thereupon this permit shall terminate and become void. 

Art. 5. If upon the filing of the said final application a final power permit 
Is granted by the Secretary to the permittee to occupy and use the aforesaid 
lands for the construction, maintenance, and. or, operation of the aforesaid 
works, and in accordance with the provisions of such final power permit, the 
permittee completes the construction and begins the operation of the aforesaid 
works, all payments made in consideration of this permit will be credited to the 
permittee and be applied to the payment of charges due or to become due after 
such beginning of operation under such final power permit : Provided, lioivever. 
That if such final application provides for only a partial development of the 
power project or pro.iects. as outlined in the aforesaid preliminary application 
and as protected b.y this permit, then only such proportional part of the afore- 
said payments will be credited to the permittee as the amount of development 
provided for in said final application bears to the amount of development indi- 
cated in said preliminary application; if, however, after the filing of final 
application in the form and manner prescribed in the regulations of the Secre- 
tary, the Secretary does not grant a final power permit to the permittee, all 
payments made in consideration of this permit will be returned to the permittee. 

Art. G. This permit shall terminate and become void upon the date named 
in article 1 hereof, unless extended by the written consent of the Secretary, 
and such extension will not be granted unless the completion of the final appli- 
cation has been prevented by unusual climatic conditions that could not reason- 
ably have been foreseen, or by some special or peculiar cause beyond the control 
of the permittee ; and if at the date of the termination of this permit as named 
in article 1 hereof, or at the date of the termination of any extension of time 
as herein provided, the permittee has failed to present a complete and final 
application in the manner and in the form prescribed in article 1 hereof, then 
and thereupon the aforesaid priority shall be lost, and no other application, 
either preliminary or final, covering in whole or in part the same or adjacent 
lands will be accepted from the permittee for a period of one year subsequent 
to the date of the termination of this permit or to the date of the termination 
of any extension hereof. 

Art. 1} This permit shall give no right to begin construction of any kind 
or to cut or destroy any timber upon National Forest lands. 

Art. 7. The permittee is hereby authorized to begin the construction of the 
following works : 

Art. 8.^ This permit is subject to a power permit 

granted to on the clay of , 

19-_, and having a priority date of , 19—, also to 

Art. 9. This permit is nontransferable. 

In witness whereof I have hereunto set my name this day of 19__. 



Secretary of Agriculture. 



Form 60. (Revised to Mar. 1, 1013.) 

United States Department of Agriculture. 

forest service. 

Water Power. 

(Name of Forest.) 

(Name of applicant.) 

(Use applied for.) (Date of priority of application.) 

(Above blanks not to be filled by applicant.) 

1 Cancel clauses not used. 



30 NATIONAL FOEEST MANUAL, 

APPLICATION FOR FINAL POWER PERMIT. ^ 

The , a corporation organized and 

existing under and by virtue of the laws of the State of , 

and having its office and principal place of business at , in 

the State of , 

citizeu__ of the United States and resident— of the State of 

, do — hereby make application for permission to occupy and use 

certain lands of the United States within the 

National Forest in the State of , by constructing, main- 
taining, and, or, operating thereon for the main purpose of the development of 
power, the following project works: 

(Cancel such of the four following items (a), (&), (c), (d) as may not be applicable.) 

(o) , dams approximately 

(Masonry, earth, etc., diverting or storage.) 

feet in maximum height and approximately 

feet in maximum length, to form 

reservoirs to flood approximately acres at spillway level/ 

in section , township , 

range , meridian, of which total of 

acres approximately acres are Na- 
tional Forest land, said dams and said reservoirs being designated, respectively, 
as follows : 



(&) water conduits, approximately 

miles in length, respectively,* crossings sections 



township , range '. , 

meridian, of which total of miles, approximately 

_ miles will cross National Forest land, said water conduits being 

designated, respectively, as follows: 



(c) power houses and appurtenant structures to occupy 

approximately acres, respectively,* in section 

, township , range , 

meridian, of which total of acres, approxi- 
mately acres are National Forest land, said power houses 

being designated, respectively, as follows : 

(d) transmission lines miles in 

length, respectively,* crossing sections , township 

, range , meridian, of which 

total of miles approximately miles will 

cross National Forest land, said transmission lines being designated as follows: 

All as approximately shown upon certain maps and plans executed by 

on the day of 19_-, which 

maps and plans are filed together herewith and designated as follows: 

(Designate 

each original of map or plan as " Exhibit A." " Exhibit B," etc., following each such 

designation b.y the title of the map or plan, as " Exhibit A," Map of Location of, etc. ; 

" Exhibit ^l__~__I__r__rr__,'' Plan of, pAc.) _~_ "II_II 

which maps and plans, together with certain field notes, estimates and data, 
evidence of water rights, articles of incorporation, etc., designated, respectively. 



• If land is unsurveyed, substitute for the description by legal subdivisions in para- 
graphs (o), (6). (c), and {d) the following: "Located on certain lands described and 
shown by the maps and fleld notes accompanying the application filed with the district 
forester on the day of , 19 ." 



NATIONAL FOEEST MANUAL. 31 

as "Exhibit ," "Exhibit ," 

are hereby made a part of this application. 

This application has been prepared to be filed in accordance with the regula- 
tion of the Secretary of Agriculture, in order that 

may obtain the benefits of the act of Congress approved February 

15, 1901, entitlefl "An act relating to rights of way through certain parks, 
reservations, and other public lands ; " and the use and (.>ccupancy of National 
Forest lands for which this application is made is desired in order to construct, 
maintain, and, or, operate thereon the aforesaid project works for the purpose 

of developing power 

(Add use to which power is to be put and any other purpose for 

which land may be desired.) 

In witness whereof ha__ caused this 

instrument to be executed this day of , 19__ 



[Seal of corporation.] 
Attest : 



Secretary. 

Subscribed and sworn to before me this day of , 39__ 

[Seal.] . 

Notary Public. 
(Copies of this form may be obtained from the district forester.) 



60a. (Revised to Mar. 1, 191.3.) 

United States Department of Agriculture, 

FOREST service. 

Form of affidavit of engineer to accompany application for final power permit. 
State OF 



County of- 

being duly sworn, says he is the 

engineer of (or the person employed to make the surveys, collect the data, make 

the estimates, and prepare the designs and plans by) the 

Company; that the survey of the water conduits, transmission 

lines, reservoirs, and power-house sites as shown upon the maps filed, together 
herewith and described as follows: 

(Describe as in the application, Form 60.) 

being a total length of water conduit of miles, a total 

length of transmission lines of miles, a total area of 

reservoir site of acres, and a total area of power-house 

site of acres was made by him (or under his 

direction) under authority of said 

Company ; that said survey was commenced on and completed on 

19-- ; that said survey represents the proposed final location of said water 

conduits, transmission lines, reservoir sites, and power-house sites, and that said 
survey is accurately represented upon the maps herein described; he further 

says that the notes of survey filed together herewith as Exhibit 

are the notes of the above described survey; that said notes are a 

true and complete copy of an actual location survey made upon the ground by 
him (or under his direction) within the dates above named; and that all of 
said notes and no others were used in the preparation of the maps herein de- 
scribed; he further soys that the plans of structures filed together herewith 
and described as follows: 

(Describe as in the application. Form 60.) 



32 NATIONAL FOEEST MANUAL. 

were prepared by bim (or under bis direction) under autbority of said, 

Company; tbat tbe designs as sbown upon said 

plans represent safe, proper, tind adequate structures for tbe fall economic 
utilization of tbe power available for development at tbe location sbown upon 
fbe maps berein described; and be furtber says tbat tbe data and estimates 

filed togetber berewitb as Exbibit were prepared by bim 

(or under bis direction) under authority of said 

__ Comptmy; tbat tbe estimates shown in said Exbibit 

are based upon the said data, being all the data available therefor; 

and tbat said estimates represent, in bis best judgment and belief, the amount 
of power that can be developed, under the condition specified, by the works 
shown upon the maps and plans herein described. 

Engineer. 

Subscribed and sworn to before me this day of , 19__ 

[Seal.] '__^ 

Notary Public. 

Note. — Thi.s affid.avit form is not to bo placed upon map, plans, or other exhibits 

but IS to be typewritten and filed as "Exhibit " of the applica- 

'^ion- See Regulation L-11 (J). If the above described work has been done by or under 
the direction of more than one engineer eacli should subscribe to an affidavit covering 
the part of the work for which he is responsible. 



60b. (Revised to Mar. 1, 1913.) 

United States Department of Agriculture. 

FOREST service. 

Form of certificate of applicant to accompany application for final power permit. 

I, , do hereby certify that I am 

the : of the 

Company; tbat , who subscribed 

(respectively) to tbe foregoing affidavit—, is (are) tbe engineer— of (said 
company) (tbe person__ employed by said company to do tbe work evidenced 
on the (respective) affidavit—) ; tbat the survey of tbe water conduits, trans- 
mission lines, reservoirs, and power-bouse sites as shown upon the maps filed 
togetber herewith and designated as follows, 

(Designate as in affidavit.) 

the notes of survey as given in "Exbibit ," filed together 

berewitb, the designs of structures as shown upon tbe plans filed togetber 
herewith and designated as follows: 



(Designate as in affidavit.) 
the collection of data and the estimates of power as given in "Exhibit 

," filed together herewith, were made under autbority of 

said (company) ; tbat said (company) is fully authorized by its articles of 
incorporation to construct, maintain, and operate water conduits, transmission 
lines, dams, reservoirs, and power houses upon the location shown upon tbe 
above described maps, and of tbe design sbown upon tbe above descrlbeti 
plans; tbat said locations and said designs have been adopted by said (com- 
pany) as tbe approximate final locations and tbe approximate final designs of 
said water conduits, ti'ansmission lines, dams, reservoirs, and power bouses ; 

that said estimates as shown by said "Exhibit " have 

been approvetl by said (com])iiny) ; and that in accordance with tbe regulations 
of tbe Secretary of Agriculture, the maps, plans, estimates, and data herein 
described have been prepared as a part of an application of said (company) 

dated , 19 — . and bearing my signature (as 

of said company). 



[Seal of company.! of the company. 

Attest: 

Secretary. 



NATIONAL FOEEST MANUAL. 33 

Form 61. (Revised to Mar. 1, 1913.) 

United States Department of Agriculture, 
forest service. 

, Water Power. 

(Name of Forest.) 

(Name of applicant.) 

(Use applied for.) (Date of priority of application.) 



POWER stipulation 

The Company having on the 

day of , 19—, filed with the district forester at 

an application, in accordance witli tlie regulations of the 

Secretary of Agriculture, for a permit to occupy and use certain lands of the 

United States within the National 

Forest in the State of and more par- 
ticularly described in and shown by the maps and plans accompanying said 
application and made a part thereof, upon which to construct, maintain, and 
operate certain project works described in said application for the purpose of 
storing, conducting, and, or, using water for developing power and for the 
purpose of transmitting said power does hereby, in consideration of and as a 
prerequisite to the approval of the said application and the granting of the per- 
mit applied for, stipulate and agree as follows, to wit : 

Definition of terms. 

Article 1. That the following terms wherever used in this stipulation shall 
have the meanings hereby in this article assigned to them, viz : 

" Permittee " means the Company, 

a corporation organized and existing under and by virtue of the laws of the 

State of and having its oflSce and 

principal place of business at in the 

State of . 

" Secretary " means the Secretary of Agriculture of the United States of 
America, or his successsor, or his duly authorized representative, or such other 
officer or agent of the United States as may be legally designated. 

" National Forest lands " means public lands of the United States reserved 
under the terms of the act of March 3, 1891 (26 Stat, 1095) as amended by the 
act of June 4, 1897 (30 Stat., 31). 

"Permit," as used in this stipulation, means the final power permit applied 

for by the permittee uiwn the day of , 19—, in accordance 

with the regulations of the Secretary under the act of February 15, 1901 (31 
Stat, 790), and in consideration of which this stipulation is filed with the 
district forester. 

"Municipal purposes" means and includes all purposes within municipal 
powers as defined by the charter of the municipal corporation, where any sueli 
purpose is directly pursued by the municipal corporation itself with the primary 
object of promoting the security, health, good government, or general con- 
venience of its inhabitants. 

"Power business" means the entire business of the applicant or i^ermittee 
in the generation, distribution, and delivery of power by means of any one power 
system, together with all works and tangible property involved therein, includ- 
ing freeholds and leaseholds in real property. 

" Power system " means all interconnected plants and works for the genera- 
tion, distribution, and delivery of power. 

" Power project " means a complete unit of power development, consisting of 
a power house, conduit or conduits conducting water thereto, all storage or 
diverting or fore-bay reservoirs used in connection therewith, the transmission 
line delivering power therefrom, any other miscellaneous structures used in con- 
nection with said unit or any part thereof, and all lands the occupancy and ust? 
of which are necessary or approi)riate in the development of power in said unit. 



34 NATIONAL FOKEST MANUAL. 

" Project works " meaus the physical structures of a power project. 

" Constructiou of the project works " means the actual construction of dams, 
water conduits, power houses, transmission lines, or some permanent structure 
necessary to the operation of the complete power project, and does not include 
surveys or the building of roads and trails, or the clearing of reservoir sites 
or other lands to be occupied, or the performance of any work preliminary to 
the actual construction of the permanent project works. 

" Operation period " means the period covered by final permit subsequent to 
the actual beginning of operation. 

" Survey-construction ijeriod " means the period covered by preliminary and 
tinal permits prior to the operation i^eriod. 

"Nominal stream flow" means the sum of (a) the flow determined by aver- 
aging the values estimated for the natural mean flow for the two-month (cal- 
endar) minimum-flow period in each successive five-year period or major fraction 
thereof and (&) the stream flow made available from storage not by the project 
works. 

" Load factor " means the ratio of average power output to maximum power 
output. 

"Total capacity of the power site" means the continued product of (1) the 
factor 0.08;^ (2) the average effective head, in feet; (3) the stream flow 
estimated to be available at the intake (in second-feet and in amount not to 
exceed the maximum hydraulic capacity of the project works) considered as 
the sum of (o) the nominal stream flow and (b) stream flow made available 
from storage by project works; and (4) a factor, not less than the average 
load factor of the power system, representing the degree of practicable utiliza- 
tion of the stream flow estimated to be available and based on the extent of 
practicable fore-bay storage and the load factor of the power system. 

" Rental capacity of the power site " means the capacity on which the rental 
charges are based. Unless otherwise ordered by the Secretary, it will be deter- 
mined by making the following deductions from the total capacity of the power 
site: 

(«) Whenever power projects include conduit sites not wholly on National 
Forest lands, a deduction will be made from that part of the total capacity of 
the power site which is due to the use of the nominal stream flow. This deduc- 
tion will be, in per cent, the sum of (1) the product of the proportion of the 
average effective head obtained from the dam by the per cent of submerged 
lands below the flow line fixed by the average effective head that are not 
National Forest lands, and (2) the product of the proportion of the average 
effective head obtained from the water conduit (from intake to tailrace outlet) 
by the per cent of the length of said conduit which is not located on National 
Forest lands. 

(6) Whenever power projects include reservoir sites not wholly on National 
Forest lands, a deduction will be made from that part of the total capacity of 
the power site which is due to the use of stream flow made available from 
storage by the project works. This deduction will be the per cent of the total 
area of the reservoir sites that is not National Forest land. 

(c) From the total capacity of the power site which remains after deductions 
(a) and (&) have been made will be made a further deduction, which, in per 
cent, will be the product of the square of the distance of primary transmission 
in miles and the factor 0.001, but in no case will deduction (c) exceed 25 per 
cent. 

Ametidment of maps and plans. 

Art. 2. To construct its works on the locations shown upon the maps and in 
accordance with the plans specifically described in its final application for 

permit, filed with the district forester at on the day of , 

19—, which said maps and plans are hereby made a part of this stipulation, and 
to make no material deviation from said locations or from said plans unless and 
until maps or plans showing such deviation shall have been filed with the district 
forester and approved by the Secretary ; and no deviation or amendment will be 
allowed which will interfere with the occupancy and use of National Forest 
lands under existing permits, or conflict with prior rights under pending appli- 
cations. 

1 The factor 0.08 represents the horsepower at 70 per cent efficiency of a second-foot of 
water falling through a head of 1 foot. 



NATIONAL FOREST MANUAL. 35 

Art. 3. To file, within six months after the completion of each part of the 
project works, as required in article 5 hereof, in the manner prescribed lor 
original maps of location, maps showing the final location of such part of the 
project works as constructed, if such final location varies from that shown upon 
maps originally filed or uix)n approved amendments thereof; and to file also 
within six months of the completion of each part of the project works as 
aforesaid, in such manner as may be prescribed by the Secretary, detailed work- 
ing plans of each part of the project works as constructed, except of such parts 
as have been constructed in compliance with the plans originally filed or ap- 
proved amendments thereof. 

Beginning and completion of construction and heginning of operation. 

Art. 4.' To begin the construction of the aforesaid project works within the 

period of months from the date of execution of the permit and thereafter 

diligently and continuously to prosecute such construction, unless such con- 
struction is temporarily interrupted by climatic conditions or by some special or 
peculiar cause beyond the control of the permittee. 

Art. 4\ To begin the construction of the following several parts of the afore- 
said project works within the several periods in this article provided, which 
periods shall begin on the date of execution of the permit and thereafter dili- 
gently and continuously to prosecute such construction, unless such construction 
is temporarily interrupted by climatic conditions or by some special or peculiar 
cause beyond the control of the permittee. 

(1) Within months, part 1, consisting of 

Art. 5.' To complete the construction and begin the operation of the afore- 
said project works within a period of months from the date of execution 

of the permit. 

Art. 5.^ To complete the construction and begin the operation of the following 
several parts of the aforesaid project works within the several periods in this 
article provided, which period shall begin on the date of execution of the permit. 

(1) Within months, part 1, consisting of 

Art. 6. That it is understood, if at the date of the termination of any one 
of the periods specified in article 4 hereof, unless such period is extended by 
the written approval of the Secretai-y, after a showing by the permittee satis- 
factory to the Secretary that such beginning of construction of that part of the 
project works required to have been begun within such period has been pre- 
vented by the act of God, or by the public enemy, or by engineering difliculties 
that could not reasonably have been foreseen, or by other special and peculiar 
cause beyond the control of the permittee, that thereupon the permission to occupy 
and use National Forest lands for all parts of said project works, the construc- 
tion of which has not been begun on said date shall terminate and become 
void; and that the permit, in so far as such parts of said project works are 
concerned, shall become of no effect. 

Art. 7. That it is understood that the periods specified in article 5 hereof for 
the completion of construction and the beginning of operation of the several 
parts of the project works will be extended only upon the written approval of 
the Secretary, after a showing by the permittee satisfactory to the Secretary, 
that the completion of construction and beginning of operation has been pre- 
vented by the act of God, or the public enemy, or by engineering difficulties that 
could not reasonably have been foreseen, or by other special and peculiar cause 
beyond the control of the permittee ; and if such extension be not approved, that 
thereupon the permission to occupy and use National Forest lands for such 
parts of said project works shall terminate and become void ; and that the 
permit, in so far only as such parts of said project works are concerned, shall 
become of no effect. 

Art. 8. That, except when prevented by the act of God, or by the public 
enemy, or by unavoidable accidents or contingencies, the permittee will, after the 

1 Use the first form of articles 4 and 5 when but one complete power project is to be 
constructed and it is inadvisable to separate it into tw(f or more units of construction. 
When several distinct power projects are involved, or where it may be desirable to divide 
a single power project into two or more units of construction, use the second form of 
articles 4 and 5. Cancel form not used. 



36 NATIONAL FOREST MANUAL. 

begiuuing of operaiiuu, continuously operate for the development of pt:^ver the 
project works constructed, maintained, and, or, operated in whole or in part 
under the permit, unless upon a full and satisfactory showing of the reasons 
therefor this requirement shall be temporarily waived by the written consent of 
the Secretary. 

Capacities of poioer site. 

Ai{T. 9. That the total capacity of the power site, permission for the occu- 
pancy and use of which, in whole or in part, has been applied for, shall, for the 

purposes of this stipulation, be deemed and taken to be horsepower, 

distributed as follows : i 



and that the part of the aforesaid total capacity which is due to the use of the 
nominal stream flow shall, for the purposes of this stipulation, be deemed and 
taken to be horsepower, distributed as follows: 

and that the part of the aforesaid total capacity which is due to the use of 
stream flow made available from storage by the project works shall, for the 

purposes of this stipulation, be deemed and taken to be horsepower, 

distributed as follows 



it being understood that if any approved alterations or amendments of the 
maps of location or plans of project works, as provided for in article 2 and 
article 3 hereof, or any permanent change in the nominal stream flow, due to 
storage or otherwise, shall result in an increase or decrease in the total capacity 
of the power site, or of either part thereof, or of both, as said capacities are 
hereinbefore taken, said increased or decreased power capacities shall, from 
the beginning of the calendar year next succeeding the date of such approval, 
or of such change in nominal stream flow, be deemed and taken to be, for the 
purposes of this stipulation, the capacities of the power site occupied and used, 
in whole or in part, under the permit ; and it being further understood that if 
at any time not less than ten (10) years after the original or after the last 
preceding determination of the said total capacity of the power site, or of either 
part thereof, or of both, either the permittee or the Secretary, on the ground 
of the inaccuracy, insufficiency, or inapplicability of the data upon which said 
original or said last preceding determination or said capacities was made, shall 
apply for or give notice of review of said original or said last preceding deter- 
mination, then and thereupon such review shall be taken by the Secretary and 
a redetermination of the capacities shall be made, and the said redetermined 
capacities shall, for the purposes of this stipulation, and from the beginning 
of the next calendar year, be deemed and taken to be the capacities of the 
power site occupied and used in whole or in part under the permit. 
Art. 10. To pay annually in advance from the 1st day of January 191_-, to 

the National Bank of (United States depository) or such 

other Government depository or oflicer as may be hereafter legally designated, 
to be placed to the credit of the United States, a rental charge for the occupancy 
and use of the lands of the United States described and shown upon the maps 
hereinbefore referred to, which rental charge shall be calculated from the 
" rental capacity of the power site," as defined in article 1 hereof, at the 
following rates per horsepower per year: 

For the unexpired portion of the calendar year and for the first full calen- 
dar year of the survey-construction period and similarly for the opera- 
tion period $0. 10 

For the second full calendar year of each of said periods . 20 

For the third year .30 

For the fourth year -40 

For the fifth year -50 

J'^or the sixth year -60 

For the seventh year -70 

For the eighth year , -80 

For the ninth year -90 

For the tenth and each succeeding year 1.00 



NATIONAL FOREST MANUAL. 37 

it being understood that said estimated rental capacity may be adjusted an- 
nually by the Secretary to provide for changes in ownership of lands in reser- 
voir sites and on water conduit lines and for changes in length of primary 
transmission: and it hcing further understood that at any time not less than 
ten (10) years after the issuance of the permit, or after the last revision of 
rates of rental charge thereunder, the Secretary may review such rental rates 
and impose such new rental rates as he may decide to be reasonable and 
proper ; provided that such rental rates shall not be so increased as to reduce 
the margin of income (including appreciation in land values) from the power 
project or projects under the permit over proper, actual, and estimated expenses 
(including reasonable allowance for renewals and sinking-fund charges) to an 
amount which, in view of all the circumstances (including fair development 
expenses and working capital) and risks of the enterprise (including obso- 
lescence, inadequacy, and supersession), is unreasonably small; but the burden 
of proving such unreasonableness shall rest upon the permittee. 

Art. 11. That it is understood that if the permittee completes the construction 
and begins the oi>eration of each of the several parts of the aforesaid project 
works within the periods provided for in article 5 hereof or any approved exten- 
sion thereof, then and thereupon all charges for the occupancy and use of 
National Forest lands for said part of said project works so completed and oper- 
ated which have been paid prior to the date of such completion and operation 
will be credited to the permittee and will be applied to the payment of charges 
due at the date of such completion and operation or to become due thereafter. 

Art. 12. That it is understood that if any part of the power developed by the 
project works under the permit is used by the permittee itself for irrigation as 
auxiliary to irrigation works owned and operated by the permittee, or for the 
temporary development of power to be used in the construction of permanent 
project works under permit to the permittee, such a proportional part of the full 
schedule charge for any calendar year will be credited to the permittee as the 
power developed by the project works and used for the purposes above named 
bears to the total output of the project works for said years: and that all 
amounts so credited will be applied to the cancellation of charges as they may 
thereafter become due. 

Art. 13. That it is understood that if any part of the aforesaid rental charge, 
payable as hereinbefore provided, shall, after due notice has been given, be in 
arrears for six (6) months, then and thereupon the permit and the authority 
granted thereunder to occupy and use National Forest lands shall terminate and 
be void. 

Art. 14. That the decision of the Secretary shall be final as to all matters of 
fact upon which the calculation of the capacities or charges depends. 

Records and accounts. 

Art. 15. On demand of the Secretary to install at such places and maintain 
in good oiierating condition in such manner as shall be approved by the Secre- 
tary, free of all expense to the United States, accurate meters, measuring weirs, 
gauges, and, or, other devices approved by the Secretary and adequate for the 
determination of the amount of power developed by the project works and of 
the flow of the streams from which the water is to be diverted for the operation 
of said works, and of the amount of water used in the operation of said works, 
and of the amounts of water held in and drawn from storage: to keep accurate 
and sufficient records of the foregoing to the satisfaction of the Secretary, and 
to make a return during January of each year, under oath, of such of the rec- 
ords of measurements for the year ended on December 31, preceding, made by 
or in the possession of the permittee, as may be required by the Secretary. 

Art. 16. That the books and records of the permittee, in so far as they con- 
tain information concerning the power project or projects under the permit, or 
the power business conduction in connection therewith, shall be open at all 
times to the inspection and examination of the Secretary. 

Art. 17. Upon the demand of the Secretary to maintain in such form as the 
Secretarv may prescribe or approve a system of accounting of the entire power 
business" transacted in connection with the power project or projects under the 
permit and to render annually such reports of said power business as the Secre- 
tary may direct : Provided, however. That if the laws of the State in which the 
said power business or any part thereof is transacted require periodical reports 
from public utility corporations under a uniform system of accounting, copies 
of such reports so made will be accepted as fulfilling the requirements of this 
article. 



38 NATIONAL FOREST MANUAL. 

Miscellaneous requirements. * 

Art. is. To protect all Government and other telephone, telegraph, and power 
transmission lines at crossings of and at all places of proximity to the per- 
mittee's transmission lines in a workmanlike mnnner according to the usual 
standards of safety for construction. oi>eration. and maintenance in such cases, 
and to maintain the transmission lines in such manner as not to menace life 
or property. 

AuT. 19. To clear and keep cleai- all lands of the power project for such 
width and in such manner as the Secretary may direct. 

Art. 20. To dispose of all brush, refuse, or unused timber on National Forest 
lands resulting from the construction and maintenance of the project works as 
may be required by the Secretary. 

Art. 21. To build and repair roads and trails as required by the Secretary, 
whenever any existing roads or trails are destroyed or injured by the construc- 
tion work or flooding under the permit, and to build and maintain necessary and 
suitable crossings, as required by the Secretary, for all roads and trails which 
intersect the water conduit, if any, constructed, maintained, and operated under 
the permit. 

Art. 22. To do everything reasonably within its power and to require of its 
employees, contractors, and employees of contractors to do all reasonably within 
their power, both independently and upon the request of the forest officers, to 
prevent and suppress forest fires upon and near the lands to be occupied under 
the permit. 

Art. 23. To pay in advance, as required by the Secretary, to the United States 
depository or officer as above set forth in article 10 hereof, to be placed to the 
credit of the L'nited States, the full value as fixed by the Secretary of all timber 
cut, injured, or destroyed on National Forest lands in the construction, mainte- 
nance, or operation of the project works. 

Art. 24. To pay, on demand of the Secretary, to the United States depository 
or officer, as above set forth in article 10 hereof, to be placed to the credit of 
the United States, full value for all damage to the lands or other property of 
the United States resulting from the breaking of, or the overflowing, leaking, 
or seeping of water from the project works constructed, maintained, and, or, 
operated under the permit, and for all other damage to the lands or other prop- 
erty of the I'nited States caused by the neglect of the permittee or that of its 
employees, contractors, or employees of contractors. 

Art. 25. To indemnify the United States against any liability for damages 
to life or property arising from the occupancy or use of National Forest lands 
by the permittee. 

Art. 26. To sell power to the Unite<^l States, when requested, at as low a rate 
as is given to any other purchaser for a like use at the same time and under 
similar conditions, if the permittee can furnish the same to the United States 
without diminishing the quantity of power sold before such request to any other 
customer by a binding contract of sale: Provided, That nothing in this article 
shall be construed to require the permittee to increase its permanent works or 
to install additional generating machinery. 

Art. 27. To abide by such reasonable regulation of the service rendered and 
to be rendered by the permittee to consumers of power furnished or transmitted 
by the permittee, and of rates of payment therefor, as may from time to time 
be prescribed by the State or any duly constituted agency of the State in which 
the service is rendered. 

Art. 2S. That upon demand therefor in writing from the Secretary the per- 
mittee will surrender the permit to the United States or transfer the same to 
such State or municipal corporation as the Secretary may designate, and on 
the conditions specified in this article, and will also give, grant, bargain, sell, 
and transfer with the permit (upon such demand and upon said conditions) 
all works, equipment, structures, and property then owned or held and then 
valuable or serviceable in the generation. transinissioTi, or distribution of 
electrical or other power, and which are then dependent in whole or in part 
for their usefulness upon the continuance of the permit, together with all 
interest in any leaseholds of operating property usetl in connection with the 
works under the permit, and all contracts for the sale and delivery of elec- 
trical or other jmwer ; that the Secretary may require such surrender, if the 
United States shall desire to take over the permit and properties or, whenever a 
substantial part of such property is sltuatetl elsewhere than on National Forest 
lands, he may designate as such transferee any State or municipal corporation 
which shall desire such transfer: Provided, hoicever. That no municipal corpo- 



NATIONAL FOREST MANUAL. 39 

ration shall be so designated unless by condemnation it shall have acquired, 
or unless by proceedings in a court of competent jurisdiction it shall have been 
determined that such municipality has the right to acquire, such property 
situated elsewhere than on National Forest lands: And provided further, That 
no such municipal corporation shall be so designated unless it also has the 
power to acquire the said property and rights of the permittee in accordance 
with the following conditions; that such surrender or transfer shall be on 
condition prece<lent that the United States or such transferee shall first pay 
to the permittee the reasonable value of all said works, equipment, structures, 
and other tangible property, and in addition thereto a bonus of three-fourths 
of 1 per cent of such reasonable value for each full year of the unexpired term 
of the permit: that such reasonable value shall not include any sum for the 
permit, or for any other franchise or right granted by the United States, by 
any State, or by any municipal corporation, in excess of the amount (exclusive 
of any tax or annual charge) actually paid to the United States, or to such 
State or municipal corporation, as the compensation for the granting of such 
franchise or right, or any sum for any other intangible properties or values 
whatsoever, it being understood that all such intangible values shall be covered 
by the bonus herein provided for: that such reasonable value shall be deter- 
mined by mutual agreement between the parties in interest, and in case they 
can not agree by a board of arbitration of three members, one of whom shall 
be named by the i>ermittee and one by the transferee, the third shall be either 
the Secretary or some representative whom he may name; and that the reason- 
able value for the purposes of such determination, of such works, equipment, 
structures, and other tangible property shall be the cost of reproduction of 
such works,; equipment, structure, and other tangible property under substan- 
tially the same conditions as existed at the time of the original construction 
and at prices for labor and material which shall be the average of such prices 
for the five years next precetling the date of valuation, less a percentage of 
such reproduction cost equal to the per cent of physical and functional depre- 
ciation of the existing work, equipment, structures, and other tangible property. 

Art. 29. That in respect to the regulation by any comi>etent public authority 
of the service to be rendered by the permittee or the price to be charged there- 
for and in respect to any purchase or taking over of the properties or business of 
the permittee or any part thereof by the United States, or by any State within 
which the works are situated or business carried on in whole or in part, or by any 
municipal corporation in such State, no value whatsoever shall at any time be 
assigned to or claimed for the permit, or for (he occupancy or use of National 
Forest lands granted thereunder, nor shall the permit or such occupancy and 
use ever be estimated or considered as property upon which the permittee 
shall be entitled to earn or receive any retiu'n. income, price, or compensation 
whatsoever. 

Art. 30. That the works constructed, or to be constructed, maintained, and. or, 
operated under the permit, will not be owned, leased, trusteed, possessed, or 
controlled by any device or in any manner so that they form part of, or in any 
way effect, any combination in the form of an unlawful trust, or form the sub- 
ject of any unlawful contract or conspiracy to limit the output of electric 
energy, or are in restraint of trade with foreign nations or between two or 
more States or within any one State in the generation, transmission, distribu- 
tion, or sale of electrical or other ix»wer. 

In witness whereof the permittee has executed this stipulation on the 

day of , 19— 



[seal.] Bv 

Attest : 



Secretary. 



Form 61b. 



State of _. 
County of 



United States Department or Agriculture. 

FOREST SERVICE. 
ACKNOWLEDGMENT. 



" [ ss: 



On this day of . 19 , before me, a notary public in and for said 

county, duly commissioned and sworn, my commission expiring , 19 , 



40 NATIONAL rOEEST MANUAL. 

personally cauie , to me ^rsonally 

known, who being by me duly sworn, did depose and say that he resides in 

; that he is the 

of the Co.; 

that the said company is the corporation which is described in and which 
executed the foregoing instrument ; that he knows the seal of said corporation ; 
that the seal affixed to such instrument is such corporate seal; that it was so 
affixed by order of the Board of Directors of said corporation, and that he 

signed his name thereto by like order, and the said 

acknowledged said instrument to be the free act and deed of 

said corporation. 
Witness my hand and official seal the day and year first above written. 



[Notarial Seal.] Notary Public. 

This form of acknowledgment should accompany all stipulations for final power per- 
mits, transmission-line permits, and right-of-way grants. 

Form 62. (Revised to March 1, 1913.) 

United States Department of Agriculture. 

forest service. 

Water Power. 

■ (Name of Forest.) 

(Name of applicant.* 

(Use applied for.) 

(Date of priority of application. 



FINAL POWER PERMIT. 

Whereas the Company (hereinafter 

called "the permittee") filed with the district forester at 

, on the day of , 19 , in accordance with the 

regulations of the Secretary of Agriculture (hereinafter called " the Secretary") 
under the act of February 15, 1901, an application for permission to occupy 
and use, for the development, transmission, and distribution of power, certain 

lands of the United States within the 

National Forest, in the State of , and 

more particularly described and shown by the maps, field notes, plans, esti- 
mates, and data accompanying the said application ; and 

Whereas the aforesaid maps and plans, as hereinafter specifically described, 
li.ivo been adopted by the ]iermittee as the maps of the approximate final loca- 
tion, and as the approximate i)laus of the project works which the permittee 
proposes to construct under this permit; and 

Whereas the permittee has paid to the 

National Bank of (United States 

depository), to be placed to the credit of the United States, the sum of 
dollars ($ ) ; and 

Whereas the permittee on the day of 19__, executed, and on 

the day of , 19-_, filed with the district forester at 

a stipulation required by the Secretary as a 

condition to the issuance of this permit : 

Now, therefore, I Secretnry of 

Agriculture of the United States, in accordance with the authority conferred 
ui)on me by the act of February 15, 1901, do authorize the permittee, subject 
to the regulations of the Secretary and to the provisions hereinafter set forth, 
to occupy and use the lands hereinbefore referred to, and to construct, main- 
tain, and, or, operate thereon, for the purposes in nrticle 1 below set forth, the 
following project works: 



NATIONAL FOREST MANUAL. 41 

(Cancel such of the four following items (a), (b), (c), and (d) as may not be appli- 
cable.) 

(a) dams approximately 

(Masonry, earth, etc., diverting or storage.) 

feet in maximum heiglit and 

approximately feet in maximum 

length, to form reservoirs to flood 

approximately acres at spillway 

level (*), in section township 

, range , 

meridian, of which total of acres 

approximately acres are National 

Forest land, said dams and said reservoirs being designated, respectively, as 
follows: 



(&) water conduits approximately 

miles in length, respectively, (*) crossing 

sections township 

, range , 

meridian, of which total of miles 

approximately miles will cross 

National Forest land, said water conduits being designated, respectively, as 
follows: 



(c) power houses and appurtenant structures to occupy approximately 

acres, respectively (*), in section 



township , range , meridian, of which total of acres 

approximately acres are National Forest land, said power houses being 

designated, respectively, as follows: 



(d) transmission lines miles in length, respectively (*), crossing 

sections , township , range , meridian, of which total of 

miles approximately miles will cross National Forest land, said 

transmission lines being designated as follows: 



All as approximately shown upon certain maps and plans executed by 

on the day of , 19__, which maps 

and plans are filed togethed herewith and designated as follows : 

(Designate each original of map or plan as " Exhibit A." " Exhibit B," etc., following 
each such designation by the title of the map or plan, as " Exhibit A," map of location of, 
etc. ; " Exhibit ," plan of, etc.) 



which maps and plans, together with certain field notes, designated as 

"Exhibit " 

Article 1. The project works to be constructed, maintained, and, or. operated 
under this permit shall be constructed, maintained, and, or, operated for the 
purpose of storing, conducting, and. or, using water for the development of power 
or for the purpose of the transmission and use of said power. 

(*) If land is unsurveyed, substitute for the description by legal subdivisions in para- 
graphs (a), (6), {c), and (d) the following: "Located on certain lands described and 
shown by the maps and field notes accompanying the application filed with the district 
forester on the day of , 19 " 



42 NATIONAL FOREST MANUAL. 

Aet. 2. Unless sooner revoked by the Secretary this permit shall terminate 
and become void at the expiration of fifty (50) years from the date hereof, but 
at said expiration may be deemed to be an application by the permittee for a 
new permit to occupy and use such National Forest lands as are occupied and 
used under this permit: Provided, That the permittee shall, not less than two 
(2) or more than twelve (12) years prior to the termination of said fifty (50) 
years, formally notify the Secretary that it desires such new permit, and shall 
comply with all laws and regulations at such time existing governing the occu- 
pancy and use of National Forest lauds for power purposes. 

Art. 3. Any violation of or failure to comply with the provisions or condi- 
tions of any article of the aforesaid stipulation, whether or not such article 
provides that such violation or noncompliance shall result in the revocation of 
this permit, shall be deemed and taken to be a sufficient cause for such revoca- 
tion ; but it is understood that the statute under which this permit is issued 
provides 

that any permission given by the Secretary of the Interior (Agriculture) 
under the provisions of this act may be revoked by him or by his suc- 
cessor in his discretion. 
No revocation, however, of this permit either in whole or in part will be made 
until after due notice thereof has been served upon the permittee, and until 
after the permittee shall have been given a reasonable time, not to exceed ninety 
(90) days after the service of said notice, within which to show cause why such 
revocation should not be made. 

Art. 4. This permit, and the permission granted hereunder to occupy and 
use National Forest lauds, may be transferred to a new permittee under the 
following conditions, and not othei'wise: The proposed transferee shall file 
with the district forester of the district in which the lands to be occupied 
are situated the decree, execution of judgment, will, proposed contract of sale, 
or other written instrument upon which the proposed transfer is based, or a 
properly certified copy thereof; also an application by the proposed transferee 
in the form of a stipulation, binding the proposed transferee to the perform- 
ance of such new and additional conditons expressed therein as the Secretary 
may deem necessary ; and thereupon the Secretary may, in his discretion, 
approve in writing the proposed transfer, and after such approval the trans- 
feree shall succeed to all the rights and obligations of the permittee, subject, 
however, to such new and additional conditions as shall have been embodied 
in such stipulation and so approved. 

Art. 5. Any power project, permission to construct which is granted by this 
permit, or any part of such project, may be abandoned by the permittee upon 
the written approval of the Secretary, after a finding by the Secretary that 
such abandonment will not tend to prevent the subsequent development or use 
of such power project, or part thereof so abandoned, and after the fulfillment 
by the permittee of all obligations under the aforesaid stipulation, in respect 
to payment, or otherwise, existing at the time of such approval. 

Art. 6. Upon the voluntary abandonment of the occupancy and use of 
National Forest lands, as authorized by this permit (except as provided for 
in article 4 hereof), or upon the revocation of this permit, or upon the non- 
execution of a new permit at the termination of this permit, all permanent 
project works which have been constructed under the authority of this permit, 
such as reservoirs, dams, and operating mechanism, water conduits and oper- 
ating mechanism, power houses, and other buildings shall become and remain 
the property of the United States, Provided, however. That if said revocation 
or abandonment shall, as provided for in the aforesaid stipulation, affect only 
a part of the project works, the construction of which is authorized by this 
permit, the provisions of this article shall apply only to such parts of said 
project works as are affected by such revocation or abandonment. The me- 
chanical equipment of power houses shall remain the property of the i)ermittee, 
and may be removed within a reasonable time, not to exceed six (6) months 
after such abandonment, revocation, or termination, unless other disposition 
of such equipment is appi'oved by the Secretary. 

Art. 7. This permit is subject to all prior valid claims and permits which 
are not subject to the occupancy and use hereby authorized. 

In witness whereof I have hereunto set my hand this day of , 19__ 



Secretary of Agriculture. 



NATIONAL FOREST MANUAL. 43 

Form 63 (Revised to March 1, 1913.) 

United States Department of Agriculture. 

forest service. 

Water Power. 

(Name of Forest.) 

(Name of applicant.) 

(Use applied for.) (Date or priority of application.) 

TRANSMISSION LINE PERMIT. 

Whereas the Company (hereinafter 

called "the permittee") filed with the district forester at 

on the day of , 19 , in accordance with the regula- 
tions of the Secretary of Agriculture (hereinafter called "the Secretary") 
under the act of February 15, 1901, an application for permission to occupy 
and use for the transmission of electric power certain lands of the United 

States within the National Forest, in the State of 

, and more particularly described and shown by the maps and 

field notes accompanying the said application ; and 

Whereas the aforesaid maps, as hereinafter specifically described, have been 
adopted by the permittee as the maps of approximate final location of the 

transmission line which the permittee proposes to construct under this 

permit; and 

Whereas the permittee has paid to the National Bank 

of (United States depository), to be placed to the credit 

of the United States, the sura of dollars ($ ) ; 

and 

Wherens the permittee on the day of , 19 , ex- 
ecuted and on the day of , 19__, filed with the district 

forester at a stipulation required by the Secretary as a 

condition to the issuance of this permit ; 

Now, therefore, I , Secretary of 

Agriculture of the United States, in accordance with the authority conferred 
upon me by the act of February 15, 1901, do authorize the permittee, subject to 
the regulations of the Secretary and to the provisions hereinafter set forth, to 
occupy and use the lands hereinbefore referred to, and to construct, maintain, 

and operate transmission line thereon, as such transmission line__is (are) 

approximately shown upon certain maps and is (are) described in cer- 
tain field notes executed by , on the 

day of , 19—, which maps and field notes are filed 

together herewith and designated as follows: 

(Designate each original map as " Exhibit A," " Exhibit B," etc., following each such 
designation by the title of the map, as " Exhibit A," map of location of, etc. Also desig- 
nate field notes as " Exhibit ") 



which maps and field notes are hereby made a part of this permit. 

Article 1. Unless sooner revoked by the Secretary, this permit shall terminate 
and become void at the expiration of fifty (50) years from the date hereof, but 
at said expiration may be deemed to be an application by the permittee for a 
new permit to occupy and use such National Forest lands as are occupied and 
ased under this permit; Provided, That the permittee shall, not less than two 
(2) or more than twelve (12) years prior to the termination of said fifty (50) 
years, formally notify the Secretary that it desires such new i>ermit, and shall 
comply with all laws and regulations at such time existing, governing the occu- 
pancy and use of National Forest lands for ix)wer purposes. 



44 NATIONAL FOREST MANUAL. 

Abt. 2. Any violatiou of or failure to comply with the provisions «r condi- 
tions of any article of the aforesaid stipulation, whether or not such article 
provides that such violation or noncompliance shall result in the revocation of 
this permit, shall be deemed and taken to be a sufficient cause for such revoca- 
tion ; but it is understood that the statute under which this permit is issued 
provides 

that any permission given by the Secretary of the Interior (Agriculture) 
under the provisions of this act may be revoked by him or by his suc- 
cessor in his discretion. 
No revocation, however, of this permit will be made until after due notice 
thereof has been served upon the permittee and until after the permittee shall 
have been given a reasonable time within which to show cause why such revo- 
cation should not be made. 

Abt. 3. This permit and the permission granted hereunder to occupy and use 
National Forest lands may be transferred to a new permittee under the follow- 
ing conditions, and not otherwise; the proposed transferee shall file with the 
district forester of the district in which the lands to be occupied are situated 
the decree, execution of judgment, will, proposed contract of sale, or other 
written instrument upon which the proposed transfer is based, or a properly 
certified copy thereof, also an application by the proposed transferee in the 
form of a stipulation binding the proposed transferee to the performance of 
such new and additional conditions expressed therein as the Secretary may 
deem necessary; and thereupon the Secretary may, in his discretion, approve 
in writing the proposed transfer, and after such approval the transferee shall 
succeed to all the rights and obligations of the permittee, subject, however, to 
such new and additional conditions as shall have been embodied in such stipu- 
lation and so approved. 

Aet. 4. Any transmission line, permission to construct which is granted by 
this permit, or any part thereof, may be abandoned by the permittee upon the 
written approval of the Secretary, after a finding by the Secretary that such 
abandonment will not be contrary to the public interest and after the fulfill- 
ment by the permittee of all obligations under the aforesaid stipulation in 
respect to payment or otherwise, existing at the time of such approval. 

Aet. 5. Upon the voluntary abandonment of the occupancy and use of Na- 
tional Forest lands, as authorized by this permit (except as provided for in 
article 3 hereof), or upon the revocation of this permit, or upon the nonexecu- 
tion of a new permit at the termination of this permit, all permanent works 
which have been constructed under the authority of this permit shall become 
and remain the property of the United States. 

Aet. 6. This permit is subject to all prior valid claims and permits which 
are not subject to the occupancy and are hereby authorized. 

In witness whereof I have hereunto set my hand this day of 

, 19— 



Forester. 



Form 68. 

Unitkd States Depabtment of Agbiculture. 

fobest service. 

Water Power. 

(Name of Forest.) 

(Name of appllcaut.) 
Transmission line. 



(Date of priority application.) 



NATIONAL FOREST MANUAL. 45 

TRANSMISSIOIS LINE STIPULATION. 
(Act of February 15, 1901.) 

The 

Coinpauy, hereinafter called " the permittee," having on the day of 

, 19 , filed with the district forester at 

, an application, in accordance with the regulations of the Secretary of 

Agriculture, hereinafter called " the Secretary," for a permit to occupy and 
use certain lauds of the United States within the \ Na- 
tional Forest in the State of , and more particularly de- 
scribed in and shown by the maps accompanying said application, and made a 
part thereof, upon which to construct, maintain, and operate a certain trans- 
mission line, or lines, described in said application for the purpose of trans- 
mitting electric power, does hereby, in consideration of and as a prerequisite to 
the approval of the said application and the granting of the permit applied for, 
stipulate and agree as follows, to wit : 

Article 1. To construct its transmission line or lines on the location shown 
upon the maps, specifically described in its final application for permit, filed with 

the district forester nt on the day of , 

IQ — , which said maps are hei'eby made a part of this stipulation, and to make 
no material deviation from said locations until maps showing such deviation 
shall have been filed with the district forester and approved by the Secretary; 
and no deviation or amendment will be approved which will interfere with the 
occupancy and use of National Forest lands under existing permits, or conflict 
with prior rights under pending applications. 

Art. 2. To file within six (6) months after the completion of the transmission 
ilne or lines, as required in article 3 hereof, in the manner prescribed for orig- 
inal maps of location, maps showing the final location of each line or lines as 
constructed, if such final location varies from that shown upon maps origi- 
nally filed or upon approved amendments thereof. 

Art. 3. To begin the construction of the aforesaid line or lines within a 

period of months from the date of the permit for which application 

has been made, and to complete the construction of said line or lines within 
the period of months from said date. 

Art. 4. That except when prevented by the act of God or by the public enemy 
or by unavoidable accident or contingency, the permittee will, after the beginning 
of operation, continuously operate for the furnishing or transmitting of electric 
power the transmission line or lines constructed, maintained, and operated in 
whole or in part under the aforesaid permit, unless upon a full and satisfactory 
showing of the reasons therefor this requirement shall be temporarily waived 
with the written consent of the Secretary. 

Art. 5. To pay to the National Bank of 

(United States depository), or such other Government depository or officer as 
may hereafter be legally designated, to be placed to the credit of the United 
States a charge annually in advance during the decade beginning January 1, 

19__, of dollars ($_ ), being at the approximate 

rate of five dollars ($5) per mile per annum, and during each succeeding decade 
an annual charge at such reasonable rate per mile as the Secretary may fix at 
the beginning of each such decade. 

Aut. 6. On demand of the Secretary to install at such places and to maintain 
in good operating condition in such manner as shall be approved by the Secre- 
tary accurate meters or other devices approved by the Secretary, adequate for 
the determination of the amount of power delivered over the transmission line 
or lines under permit, or any part thereof: to keep accurate and sufficient rec- 
ords of the foregoing determinations to the satisfaction of the Secretary; and 
to make a return during January of each year, under oath, of such of the 
records of measurements for the year ended on December 31, preceding, made 
by or in the possession of the permittee, as may be required by the Secretary. 

Art. 7. That the books and records of the permittee, in so far as they con- 
tain information concerning the power transmission line or lines under permit, 
or the power business conducted in connection therewith, shall be open at all 
times to the inspection and examination of the Secretary, or other officer or 
agent of the United States duly authorized to make such inspection and exami- 
nation. 

Art. 8. On demand of the Secretary to maintain a system of accounting of 
the entire power business, conducted in connection with the power transmis- 



46 NATIONAL FOREST MANUAL. 

sion line or lines under permit, in such form as the Secretary may prescribe 
or approve, and to render annually such reports of the power business as the 
Secretary may direct : Provided, hoxvever. That if the laws of the State in 
which the power business or any part thereof is transacted require periodical 
reports from public-utility corporations under a uniform system of accounting, 
copies of such reports so made will be accepted as fulfilling the requirements 
of this article. 

Art. 9. To protect all Government and other telephone, telegraph, and power 
transmission lines at the crossing of and at all places of proximity to the 
permittee's transmission line or lines in a workmanlike manner, according to 
the usual standards of safety for construction, operation, and maintenance in 
such cases, and to maintain the transmission line or lines in such a manner as 
not to menace life or property. 

Art. 10. To clear and keep clear National Forest lands along the transmission 
line or lines for such width and in such a manner as the Forest officers may 
direct. 

Art. 11. To dispose to the satisfaction of the forest officers of all brush, refuse, 
or unusued timber on National Forest lands resulting from the construction, 
maintenance, and operation of the transmission line or lines under permit. 

Art. 12. To do everything reasonably within the power of the permittee, both 
independently and on request of the forest officers, to prevent and suppress fires 
on or near the lands occupied. 

Akt. 13. To pay the full value as fixed by the district forester for all timber 
cut, injured, or destroyed on National Forest lands in the construction, mainte- 
nance, and operation of the transmission line or lines under permit. 

Art. 14. To idemnify the United States against any liability for damage to 
life or property arising from the occupancy or use of National Forest lands by 
the permittee. 

Art. 15. To sell power to the United States when requested at as low a rate 
as is given to any other purchaser for a like use at the same time and under 
similar conditions, if the permittee can furnish the same to the United States 
without diminishing the quantity of power sold before such request to any other 
customer by a binding contract of sale: Provided, That nothing in this clause 
shall be construed to require the permittee to increase permanent works or 
to install additional generating machinery. 

Art. 16. To abide by such reasonable regulation of the service rendered and 
to be rendered by the permittee in the furnishing or transmitting of power and 
of rates of payment therefor as may from time to time be prescribed by the 
State or any duly constituted agency of the State in which the sen'ice is 
rendered. 

Art. 17. That the ime or lines to be constructed, maintained, and operated 
under the permit shall not be owned, leased, trusteed, possessed, or controlled 
by any device or in any manner so that they form part of or in any way effect 
any combination in the form of an unlawful trust, or form the subject of any 
unlawful contract or conspiracy to limit the output of electric energy, or are 
in unlawful restraint of trade with foreign nations, or between two or more 
States, or within any one State, in the generation, sale, or distribution of 
electric energy. 

Art. 18. That in respect to the regulation by any competent public authority 
of the service to be rendered by the permittee or of the price to be charged 
therefor, and in respect to any purchase or taking over of the works or busi- 
ness of the permittee, or any part thereof, by the United States or by any 
State within which the works are situated or business carried on, or by any 
municipal corporation of such State, no value whatsoever shall at any time 
be assigned to or claimed for the permit applied for, or for the occupancy and 
use of National Forest lands granted thereunder, nor shall such permit or such 
occupancy and use ever be estimated or considered as property upon which the 
permittee shall be entitled to earn or receive any return, income, or compensa- 
tion whatsoever. 

[n witness whereof, the permittee has executed this stipulation on the 

day of , 191— 



[SEAL.] By 

.A.ttest : 



Secretary. 



JSTATIONAL FOEEST MANUAL. 47 

Form 69. 

United States Department of Agricxjltuee. 

forest service. 

Uses. 



(Forest.) * 
(Name of applicant.) 
^Use appfied for.) (Date of application.)^ 

stipulations, telephone, TELEGRAPH, POWER-TRANSMISSION LINES. 
(Act of Mar. 4, 1911.) 

Whereas the right of way 

applied for by (hereinafter called 

"the grantee") under the provisions of the act of March 4, 1911 (36 Stat., 

1253), is within the National Forest, 

as shown by certain maps executed by 

on the day of , 19--, and filed in the office of the 

district forester at State of 

on , 19— ; and 

Whereas the regulations of the Secretary of Agriculture (hereinafter called 
" the Secretary " ) , under the above-named act of Congress, concerning rights of 
way for telephone, telegraph, and power-transmission lines, provide that when- 
ever such rights of way are located upon National Forests, the grantee shall 
enter into such stipulations as the Secretary may require; and 

Whereas the Secretary requires that the grantee shall enter into the stipula- 
tions hereinafter set forth ; 

Now, therefore, in consideration of the grant of the right of way applied for, 
the grantee-- do__ hereby stipulate and agree, and do__ bind himself, his heirs, 
executors, administrators, and assigns, and each of them, jointly and severally 
(themselves, their heirs, executors, administrators, and assigns, and each of 
them, jointly and severally) (itself, its successors and assigns), as follows, 
to wit : 

Article 1. To construct its line or 

lines on the location shown upon the maps, hereinbefore referred to, which said 
maps are hereby made a part of this stipulation, and to make no material devi- 
ation from said locations until maps showing such deviation shall have been 
filed with the district forester and approved by the Secretary: and no deviation 
or amendment will be approved which will interfere with the occupancy and 
use of National Forest lands under existing permits or grants under any of 
the right-of-way acts, or conflict with prior rights under pending applications. 

Art. 2. To file within six (6) months after the completion of the 

line or lines as required in article 3 hereof, in the 

manner prescribed for original maps of location, map showing the final location 
of the line or lines as constructed, if such final location varies from that shown 
upon maps originally filed or upon approved amendments thereof. 

Art 3. To complete the construction of the aforesaid line or lines within a 

period of years from the date of the grant for which application has been 

made. 

Art. 4. That except when prevented by the act of God or by the public enemy 
or by unavoidable accidents or contingencies, the grantee will, after the beginning 
of operation, continuously operate (for the furnishing or transmitting of electric 
power the transmission) (for the transmission of communications the telephone, 
telegraph) line or lines constructed, maintained, and operated in whole or in 
part under grant, unless upon a full and satisfactory showing of the reasons 
therefor, this requirement shall be temporarily waived with the written consent 
of the Secretary. ^^ , . , 

Art. 5. To pay to the National 

Bank of (United States depository), 

or such other Government depository or officer as may hereafter be legally 
designated, to be placed to the credit of the United States a charge annually in 

advance during the decade beginning January 1, 19—, of -_-- -- 

dollars ($ ), being at the approximate rate of five dollars ($5) per mile 

per annum, and during each succeeding decade an annual charge at such rea- 



48 NATIONAL FOKEST MANUAL. 

sonable rate per mile as the Secretary may fix at the beginning of each such 
decade. 

Art. 6. On demand of the Secretary to install at such places and to maintain 
in good operating condition in such manner as shall be approved by the Secre- 
tary, free of all expense to the United States, accurate meters or other devices 
approved by the Secretary, adequate for the determination of the amount of 
power delivered over the transmission line or lines. under grant, or any part 
thereof; to keep accurate and sufficient records of the foregoing determinations 
to the satisfaction of the Secretary; and to make a return during January of 
each year, under oath, of such records of measurements for the year ending on 
December 31 preceding, made by or in the possession of the grantee, as may be 
required by the Secretary. 

Art. 7. That the books and records of the grantee, in so far as they contain 

information concerning the line or 

lines under permit, or the business conducted in connection therewith, shall be 
open at all times to the inspection and examination of the Secretary or other 
officer or agent of the United States duly authorized to make such inspection 
and examination. 

Art. 8. On demand of the Secretary to maintain a system of accounting of 
the entire power business conducted in connection with the power- transmission 
line or lines under grant, in such form as the Secretary may prescribe or 
approve, and to render annually such reports of the power business as the Sec- 
retary may direct: Provided, however, That if the laws of the State in which 
the power business or any part thereof is transacted require periodical reports 
from public-utility corporations under a uniform system of accounting, copies 
of such reports so made will be accepted as fulfilling the requirements of this 
article. 

Art. 9. To protect all Government and other telephone, telegraph, and power- 
transmission lines at the crossing of and at all places of proximity to the 
grantee's line or lines in a work- 
manlike manner, according to the usual standards of safety for construction, 

operation, and maintenance in such cases, and to maintain the 

line or lines in such a manner as not to menace 

life or property. 

Art. 10. To clear and keep clear National Forest lauds along the 

line or lines for such width and in such a 

manner as the forest officers may direct. 

Art. 11. To dispose to the satisfaction of the forest officers of all brush, refuse, 
or unused timber on National Forest lands resulting from the construction, 

maintenance, and operation of the 

line or lines under grant. 

Art. 12. To do everything reasonably within the power of the grantee, both 
independently and on request of the forest officers, to prevent and sup])ress fires 
on or near the lands occujned. 

Art. 13. To pay the full value as fixed by the district forester for all timber 
cut, injured, or destroyed on National Forest lands in the construction, main- 
tenance, and operation of the line or 

lines under grant. 

Art. 14. To indemnify the United States against any liability for damage to 
life or property arising from the occupancy or use of National Forest lands by 
the grantee. 

Art. 15. To sell power to the United States, when requested, at as low a rate 
as is given to any other purchaser for a like use at the same time and under 
similar conditions, if the grantee can furnish the same to the United States 
without diminishing the quantity of power sold before such request to any other 
customer by a binding contract of sale : Provided, That nothing in this clause 
shall be construed to require the grantee to increase permanent works or to 
install additional generating machinery. 

Art. 16. To abide by such reasonable regulation or the service rendered and 
to be rendered by the grantee, whether in respect to the furnishing or trans- 
mitting of power or to the transmitting of communications by telephone or 
telegraph, and of rates of payment therefor, as may from time to time be pre- 
scribed by the State or any duly constituted agency of the State in which the 
service is rendered. 

Art. 17. That the line or lines to 

be constructed, maintained, and operated under grant will not be owned, leased, 
trusteed, possessed, or controlled by any device or in any manner so that they 



NATIONAL FOREST MANUAL. 49 

form part of or in any way effect any combination in the form of an unlawful 
trust; or form the subject of any unlawful contract or conspiracy to limit the 
output of electric energy ; or are in unlawful I'estraint of trade with foreign 
nations, or between two or more States, or within any one State in the genera- 
tion, sale, or distribution of electric energy, or in the transmission of communi- 
cations by telephone or telegraph. 

Art. is. That in respect to the regulation by any competent public authority 
of the service to be rendered by the grantee or of the price to be charged there- 
for, and in respect to any purchase or taking over of the works or business of the» 
grantee, or any part thereof, by the United States or by any State within which 
the works are situated or business carried on, or by any municipal corporation 
of such State, no value whatsoever shall at any time be assigned to or claimed 
for the grant applied for, or for the occupancy and use of National Forest lands 
granted thereunder, nor shall such grant or such occupancy and use ever be 
estimated or considered as property upon which the grantee shall be entitled 
to earn or receive any return, income, or compensation whatsoever. 

Art. 19. That upon breach by the grantee of any of the terms or conditions 
set forth in this stipulation or in the grant, the United States may enforce 
appropriate remedy therefor by suit for specific performance, injunction, action 
for damages, or otherwise; and that if any such breach shall be continued or 
repeated after thirty (30) days' notice thereof, given to the grantee by the Sec- 
retary, the right of way granted, together with all rights thereunder and all 
rental charges and other moneys paid thereon, may be forfeited to the United 
States by a suit for that purpose in any court of competent jurisdiction. 

(Insert here any additional stipulations proposed in accordance with Reg. L-24.) 

In witness whereof, the grantee has executed this stipulation on the 

day of , 19 



(seal.) By 

Attest : 



Secretary. 



PROCEDURE. 

U. S. Department of Agriculture, 

Forest Service, 
Washington^ D. G. 
The following procedure and instructions are hereby established 
and issued to take effect February 24, 1913, governing the enforce- 
ment of the regulations of the Secretary of Agriculture relating to 
power projects and to telephone, telegraph, and power-transmission 
lines within the National Forests. 

Henry S. Graves, 

Forester. 
Approved February 24, 1913. 
James Wilson, Secretary. 



GENERAL INSTRUCTIONS. 

All applications for the occupancy and use of National Forest lands 
for the purpose of developing power will be filed with the district 
forester of the district in which the power is to be developed. 

Applications for the occupancy and use of public lands outside the 
National Forests will also be filed with the district forester, but the 
applicant will be required to file with the local land office of the land 
district in which such lands are situated such maps and papers and 
such copies thereof as are required by the regulations of the Depart- 
ment of the Interior. Applications filed in error in the Forester's or 
supervisor's office will be forwarded to the district forester con- 
cerned. 

PRELIMINARY APPLICATIONS AND PERMITS. 

If an applicant desires to secure priority for his application during 
a time sufficient for the preparation of the maps, plans, and other 
data required to be filed with an application for a final power permit, 
he may do so by filing an application for preliminary permit. (See 
Reg. L-10 and Form 58.) 

The preliminaiy permit will be granted for a definite limited pe- 
riod, which will vary according to the circumstances of the particular 
case, and will be only long enough to give a reasonable time for the 
preparation of a final application as prescribed in the regulations. 

In general, such period will not exceed two years. If a longer time 
than this is applied for and approved in any case, a special report 
will be made by the district engineer showing the necessity for the 
longer period, which report will be submitted with the other papers 
in the case. 
50 



NATIONAL FOKEST MANUAL. 51 

Whenever the time prescribed by the State statutes within which 
construction must begin in order to maintain water rights is insuf- 
ficient to enable the applicant to prepare a final application before 
beginning construction, a clause may be inserted in the preliminary 
permit allowing construction to proceed to an extent sufficient to per- 
mit compliance with the State law. Only in exceptional cases will 
a clause be inserted allowing construction in advance of final applica- 
tion and permit for any other reason than to permit compliance with 
the State law, and when inserted for any other reason the necessity 
for it must be fully explained in the recommendation of the district 
forester. 

No extension will be granted except upon the written approval of 
the Secretary of Agriculture after a satisfactory showing by the per- 
mittee of the reasons for such extension, and after a report has been 
submitted by the district forester. 

To prevent speculative holding of sites under preliminary permits 
and to secure the presentation of the final application within the time 
named in the preliminai-y permit, an annual charge will be made dur- 
ing the term of the preliminary permit. The charge will be calcu- 
lated on the basis of the estimated rental capacity of the power site 
to be occupied and at the rates prescribed in Regulation L-8. If the 
final application is filed in accordance with the terms of the prelimi- 
nary permit, and if construction is completed and operation is begun 
in accordance with the terms of the final permit, the payments made 
under the preliminary permit will be credited upon payments due or 
to become due after the beginning of operation under the final perniit. 

The lines shown on the maps accompanying the final application 
will not be required to follow without change the lines as shown on 
the map accompanying the preliminary application, and the position 
and arrangement of conduits and power houses as shown upon the 
map accompanying the preliminary appli(iation may be changed, if 
the detailed surveys preceding the final application show such change 
to be desirable ; but priority from the date of filing of the preliminary 
application will be allowed for only so much of the projects shown in 
the application for final power permit as is within the approximate 
limits of diversion and discharge as shown in the application for the 
preliminary power permit. (Reg. L-3.) 

Upon the failure of the permittee to comply with the terms of a 
preliminary permit the district forester will write him a letter call- 
ing his attention to the violation of the terms and notify him that by 
reason thereof the permit expired on a given date and the priority 
acquired thereby was lost. Copies of this letter of notification should 
be sent to the supervisor and to the Forester. If a preliminary permit 
is thus terminated, no other application for a permit either preliminary 
or final covering the same or adjacent lands will be received from the 
same applicant for a period of one year subsequent to the termination 
of the preliminary permit. 

The date upon which priority of application is established shall be 
the date of the filing in the office of the district forester of the last 
map or paper necessary to constitute a complete application as 
required by Regulation L-10. The date and hour of the receipt 
of a preliminary application will be inserted in the space provided 
on the form (Form 58a) and will be certified by the signature 
of the district forester. Upon the receipt of preliminary appli- 



52 NATIONAL FOEEST MANUAL, 

cations, with their accompanying maps and papers, the Tlistrict 
engineer will examine them in the order of their receipt, as certified 
by the district forester^ with a view of determining whether the 
application is complete as required by the regulations. If complete, 
the district engineer will certify the fact in the space provided on the 
form. If incomplete or insufficient, the district engineer will prepare 
for the signature of the district forester a letter to the applicant 
returning the application and its accompanying papers, with a de- 
tailed statement of the incompleteness or insufficiency. A carbon 
copy of this letter certified by the signature of the district engineer 
will be attached to and filed with the papers in the case. Upon the 
return of the amended papers the date and hour of their receipt will 
be certified by the district forester in the same manner as when they 
were originally received. Upon the receipt of the amended papers 
the district engineer will examine them, and if found complete as 
required by the regulation he will certify the fact in the space 
provided on the form. 

After certifying that the application is complete, as prescribed by 
the regulation, the district engineer will examine the maps and esti- 
mates, using such additional data as he may be able to secure, will 
determine the approximate rental capacity of the power site, and will 
submit a report and recommendations to the district forester. A 
field examination by the district engineer will be made only when it 
is necessary in order to secure sufficient information on which to 
base the report and recommendations. 

Upon receiving the district engineer's report, the district forester 
will prepare five copies of permit on Form 59. If the application is 
approved by the district forester and the district engineer, they will 
initial the permit. The district forester will send the chief engineer a 
copy of the complete application, the original map on tracing linen, 
one print copy, one copy o*f the district engineer's report, the original, 
and one copy of the permit, and the coiTespondence file. The dis- 
trict forester will also send the supervisor a print copy of the map. 

The chief engineer will examine all the papers received from the 
district forester and, if he approves the application, the recommenda- 
tions of the district forester and the district engineer's report, he 
will initial the original permit and return it with the original map 
on tracing linen and the correspondence file to the district forester. 
If he does not approve either the application, or the report, or the 
recommendations, he will return the original permit without initial 
and with a letter to the district forester explaining in detail his 
reasons for not approving. 

Upon the return of the permit from the chief engineer, if approved, 
the district forester will, except as hereinafter provided, prepare a 
letter of transmittal (Form 861) in triplicate, stating the amount 
of the charge, and will accompany it by a letter informing the appli- 
cant that piiority will be lost unless payment is received within 60 
days of the date of the letter. The original will be sent to the appli- 
cant, and upon receipt of notice from the district fiscal agent that 
deposit has been made the district forester will forward to the Forester 
on print copy of the map, one copy of the report of the district engi- 
neer, the original, and one copy of the permit, and the correspond- 
ence file. 



NATIONAL FOREST MANUAL. 53 

When the original permit has been signed by the Secretary, the 
Forester will return it, together with the correspondence file, to the 
district forester. 

Before transmitting the original permit to the permittee the dis- 
trict forester will inform the chief engineer by letter of the dates of 
signing and the signature on the permit. He will also send the 
supervisor a copy of the permit, a copy of the complete application 
(except the papers required under Reg. L-9), a copy of the report of 
the district engineer, and a copy of the letter of transmittal (Form 
861), with an indorsement thereon of the receipt of the first payment. 

When the application includes, in addition to National Forest 
lands, lands under the jurisdiction of the Interior Department, the 
district forester shall, upon the completion of the application, imme- 
diately inform the local land office of such completion and of the 
date of priority and shall send a carbon copy of such letter to the 
applicant. The date so notified will be taken as the date of priority 
before both the Department of Agriculture and the Department of 
the Interior. 

In preparing reports upon applications including both National 
Forest lands and Interior Department lands the district engineer 
will calculate the total capacity of the power site and the rental 
capacity of the National Forest lands, leaving to the Geological 
Survey the computation of charges for the Interior Department 
lands. The district forester will then submit the case to the chief 
engineer, including, in addition to the papers usually required for 
both the chief engineer and the Forester, one copy each of the permit 
and of the district engineer's report. 

The chief engineer will examine the papers received from the dis- 
trict forester, and, if he approves the application, report, and recom- 
mendations, will initial the original of the permit, and after retain- 
ing the papers required for his own file will submit the remainder 
directly to the Forester. 

Upon the receipt of the papers the Forester will forward to the 
Geological Survey the extra copy of the permit and of the district 
•engineer's report, together with a statement of the recommendations 
which the Forest Service proposes to make. If the Geological Sur- 
vey approves the calculations of the district engineer and the terms 
of the permit, as applied to the Interior Department lands involved, 
the Forester will so inform the district forester, who will thereupon 
prepare and submit the letter of transmittal (Form 861) to the appli- 
cant for the advance charge for the use of National Forest lands only. 
Thereafter the case will be handled by the Forest Service as if only 
National Forest lands were involved. 

If the Geological Survey should not approve the calculations and 
recommendations if applied to the Interior Department lands, and 
it should seem advisable to make alterations or corrections in either 
the permit or the report as applied to the National Forest lands, the 
Forester will return the papers through the office of the chief engi- 
neer to the district forester, with a statement of the corrections or 
alterations desired. When such changes have been made the district 
forester will prepare the letter of transmittal and handle the case as 
before. 



54 NATIONAL FOREST MANUAL. 

FINAL APPLICATIONS AND PEBMITS. 

If, in accordance with the terms of a preliminary permit, a final 
application is filed in the form prescribed by Reg. L-ll, such final 
application shall, with reference to priority, relate back and be 
effective as of the date of the preliminary application. The date 
upon which priority of application is either maintained in accordance 
with a preliminary permit or established by final application in the 
absence of a preliminary permit shall be the date of the filinji^ in the 
office of the district forester of the last map or paper necessary to 
constitute a complete application as prescribed in the regulation. 
The date and hour of the receipt of an application will be inserted 
in the space provided on Form 58a, and will be certified by the signa- 
ture of the district forester. Applications will be examined by the 
district engineer in the order of their receipt as certified by the dis- 
trict forester. The application and its accompanying papers, espe- 
cially the plans of project works and the estimates and data, will be 
carefully examined with a view to determine whether they are in 
complete and proper form and contain all the information required 
by the regulation. If complete, the district engineer will certify to 
the fact in the space provided on the form. 

If any of the papers required by the regulation are incomplete or 
insufficient or if there have been any omissions the district engineer 
will prepare for the signature of the district forester a letter to the 
applicant explaining the incompleteness or insufficiency or omissions, 
and returning for completion or correction any papers which are not 
in proper form. A carbon copy of this letter certified by the signa- 
ture of the district engineer will be attached to and filed with the 
papers in the case. Upon the receipt of the amended or additional 
papers the date and hour of such receipt will be certified by the dis- 
trict forester in the same manner as when they were originally re- 
ceived. They will be reexamined by the district engineer and if 
found complete, as required by the regulation, he will certify the 
fact in the space provided on the form. 

Upon the receipt of a final application for the use of an area which 
is in whole or in part included in an existing final permit previously 
issued, the district forester will return the application to the appli- 
cant and will inform him fully of the existing permit and of the 
extent to which his application is in conflict therewith. The appli- 
cant may then amend his application to avoid such conflict or may 
rencAv his application should the priority of application be lost by 
the prior applicant. If the final application is an original filing or 
is filed in accordance with the terms of a subordinate preliminary 
permit and such filing is made before the filing of final application 
by a prior preliminary permittee the district forester will retain the 
application, but will suspend action thereon until after the filing of 
final application by the prior preliminary permittee or until after 
the termination of the preliminary permit. When the prior per- 
mittee has filed final application, if it is found that the application 
first in time is in conflict with the application first in right the dis- 
trict forester will return the former to the applicant and will inform 
him fully of the extent to which his application is in conflict with 
that of the prior permittee. The first-named applicant may then 
amend his application to avoid such conflict or may renew his appli- 



NATIONAL FOREST MANUAL. 55 

cation should the priority of application be lost by the other ap- 
plicant. (See Reg. L-3.) 

When the district engineer has certified that the application is 
complete as required by the regulation the district forester, after 
making such additional prints of maps and plans as may be neces- 
sary, will forward to the forest supervisor two prints of the maps of 
location, a copy of the notes of survey, and such other papers as may 
be necessary. If the application was not accompanied by a certificate 
fi-om the supervising engineer of the Reclamation Service that the 
occupancy and use of the lands applied for will not interfere with 
any project of the Reclamation Service, the district forester will for- 
ward a print of the general map of location (see Reg. L-11, (G) , (5) ) 
to the supervising engineer concerned and request him to state 
whether the occupancy of the land for power purposes will interfere 
with any project of the Reclamation Service. 

Upon the receipt of the maps and other papers the supervisor will 
forward a print of the maps of location to the ranger, will cause an 
immediate examination to be made for the purpose of estimating the 
amount of timber to be cut or destroyed, and will report to the dis- 
trict forester on Form 5T8b. Reports on Form 964 will be required 
in power cases only where no examination and report by a district 
engineer will be made. 

Upon the receipt of a complete application the district engineer 
will make such field examination of the project as maj^ be necessary 
and will collect all information and data bearing upon the case that 
may be available. If practicable, this examination will be made at 
the same time as the supervisor's. Only in exceptional instances 
when the district engineer is thoroughly familiar with the project 
will the field examination be omitted. In this examination the dis- 
trict engineer will determine whether in his judgment the project 
as applied for will make a reasonably full development of the power 
available at the sites covered by the application. 

After the completion of the examination and the collection of the 
data the district engineer will submit a report to the district forester. 
The report will describe the project in detail, with its relation to 
other pj-ojects of the same or allied or competing companies; state 
whether the project comprehends a full development of the available 
power; describe the market for the power and the general market 
conditions in the district, so far as such information is available, and 
the relation of the po^ver development to other interests, particularly 
irrigation. The report should present detailed estimates of the 
amount of power that will probably be developed and the complete 
data upon which such estimates are based. The report should desig- 
nate the several items necessary for filling the blanks of the stipula- 
tion and permit, a recommendation of the total power capacity to be 
inserted in the stipulation, and such other recommendations as may 
seem desirable. The report should be complete with respect to the 
history of the case and its connection with other cases, and to all 
pertinent, general, and special information, so that a full understand- 
ing of the case may be had and action taken without the necessity 
of referring to other papers except for purposes of verification. The 
report should also contain such sketch maps, topographic quadrangles, 
photographs, etc., as will be of assistance in giving a full understand- 
ing of the case. All the data filed with the application and all other 



56 NATIONAL FOKEST MANUAL. 

data collected which have a bearing upon the case and upon the com- 
putation of capacities should be collated in tabular form in the report. 
This instruction should be rigidly adhered to, since it will be ex- 
tremely important at the 10-year revision period to have in their 
original form the exact and complete data upon which the original 
calculations are based. If the chief engineer in reviewing the report 
of the district engineer makes alterations or corrections, or reaches 
different conclusions with respect to power capacity or otherwise, the 
report of the district engineer should be corrected accordingly before 
the case is submitted to the Forester ; but if the district engineer, upon 
a reexamination of the case, disagrees with the changes made by the 
chief engineer, he may so state in his report, giving the reasons 
therefor, and he will not, to such extent, be considered responsible 
for the report. 

Under Regulation L-7 the term " construction of the works " 
excludes all such preliminary work as surveys, road and trail build- 
ing, clearing of land, etc. It will therefore be necessary, in inserting 
the lengths of periods in article 4 of the stipulation, to allow a time 
before construction must begin reasonably sufficient for the comple- 
tion of all necessary preliminary work. It will be advisable, in gen- 
eral, to confer with the applicant before fixing the time limits, with 
the view of agreeing upon such limits as will be satisfactory to the 
applicant while at the same time properly protecting the public 
interests. 

Articles 4 and 5 of the power stipulation have been drawn for the 
purpose of allowing permittees to make progressive developments 
of two or more power projects upon the same stream or watershed 
if they so desire. Each division of the works as taken in these 
clauses should in general constitute a complete operating unit or 
power project. But where, for example, it may be the applicant's 
intention to construct several storage reservoirs not directly con- 
nected with the water conduits, each reservoir may be, and in general 
should be, taken as a distinct divison of the works. Water conduits 
and the diverting dams and power houses connected therewith should 
never be separated. 

Particular care should be exercised in the determination of the 
total capacity of the power site. All the available data should be 
secured, and where storage is to be used some graphical method, as 
that of Rippl or Hill, should be employed. (See Mead's Water 
Power Engineering.) The district engineer should review carefully 
the estimates presented by the applicant and compare the same with 
his own independent estimates. 

From the fact that probably in many instances the data for the 
original calculations will be meager, provision is made in Regulation 
L-8 for a redetermination of the power capacity by 10-year intervals 
to admit of utilizing more complete data and to allow for possible 
change of conditions. 

Upon receiving the district engineer's report the district forester 
will prepare five copies of the stipulation on Form 61 and five copies 
of the permit on Form 02. If the application is approved by the dis- 
trict engineer and the district forester, they will initial the file copies 
of the stipulation and the permit. The district forester will send 
the chief engineer a copy of the complete application, one copy^ of 
the district engineer's report, the original maps and plans on tracing 



NATIONAL FOEEST MANUAL. 57 

linen, with one print copy of each, the correspondence file, the letter 
from the supervising engineer of the Reclamation Service and the 
original, and one copy of the stipulation and of the permit. 

If, because of field conditions or other reasons, the supervisor has 
been unable to make his report on timber (Form 578b) by the time 
the other papers are ready for transmittal, the case should not be 
delayed on that account but be forwarded immediately, and the Form 
578b submitted later. 

The chief engineer will examine the papers received from the dis- 
trict forester, together with the matter submitted in the application. 
He will return to the district forester the original maps and plans on 
tracing linen, the correspondence file, the letter of the supervising 
engineer of the Reclamation Service, and the original copies of the 
stipulation and the permit. If he concurs in the recommendations 
of the district forester and the district engineer, he will initial the 
original copies of the stipulation and the permit. If he does not 
concur, he will return them without his initial and with a letter to 
the district forester explaining his reasons for not concurring. 

The district forester will send the applicant two copies of the 
stipulation, and, when necessary, a form (319) for corporate officer's 
authority, with the request that one copy of the stipulation be duly 
executed and returned to him. He will also send with the stipulation 
a statement on Form 861 of the amount of the first year's rental 
charge and will by letter inform the applicant that any priority 
established under his application will be lost if the rental charges 
are not paid and the stipulation is not executed and returned within 
90 days from the date of the letter accompanying it, unless such time 
is extended by the written authority of the Secretary of Agriculture. 

After the duly executed stipulation has been returned and has been 
initialed by the assistant to the solicitor, and after notice of payment 
is received the district forester will submit to the Forester one copy 
of the complete application, one copy of the report of the district 
engineer, the original and one copy of the stipulation, the original 
and one copy of the permit, the correspondence file, and the letter of 
the supervising engineer of the United States Reclamation Service. 

If any material changes are made in the stipulation and permit 
after they have been returned to the district forester by the chief 
enginer, all papers in the case will be resubmitted to the chief engi- 
neer before being finally submitted by the district forester to the 
Forester. 

Upon receipt of the complete papers in the case the Forester will 
submit them with his recommendations to the Secretary of Agri- 
culture. When the permit has been signed by the Secretary the 
Forester will retain one copy of the permit, one copy of the stipula- 
tion, the district engineer's report, and one print of the general map 
of location (see Reg. L-11 (G), (5)) and will return all the other 
papers in the case, including the signed original permit, to the dis- 
trict forester. 

Upon transmitting the original permit to the permittee the district 
forester will inform the chief engineer by letter of the dates of 
signing and the signatures on the stipulation and permit. He will 
also send the supervisor a copy of the complete application, (except 
the papers required by Regulation L-9, and except the print map 
of location and the copy of the field notes which have been previ- 



58 NATIONAL FOREST MANUAL. 

oiisly sent), a copy of the report of the district engineer, oi»e copy 
of the stipulation, one copy of the permit, and a copy of the letter 
of transmittal (Form 861), with an indorsement thereon of the 
payments made. 

If the final application involves both National Forest and Interior 
Department lands, the case will be handled in a manner similar to 
that outlined for preliminary applications (see p. 53). 

All recommendations by the district forester for cancellation of 
permit, either in whole or in part, and all recommendations for ap- 
proval or disapproval of applications for extension of time, either for 
beginning or completing construction, shall be accompanied by a 
report setting forth in detail the reasons for such recommendations, 
and shall be submitted to the Forester through the chief engineer. 
Whenever engineering difficulties are involved the district engineer 
shall make such examination as is necessary, and shall prepare a 
report to accompany the recommendations of the district forester. 

On November 15 of each year the district forester will prepare 
and send by registered mail to each permittee a statement of ac- 
count (Form 64). This statement will show the amount of the 
charge for the succeeding calendar year, and the credit, if any, 
on account of previous payments. If a balance is due from the per- 
mittee the statement will be accompanied by a letter of transmittal 
(Form 861). The district forester will retain two carbons of the 
statements and the Form 861, and will file them, together with the 
registry receipt, with the other papers in the case. Upon the receipt 
from the district fiscal agent of the notice of payment the date of 
such payment should be indorsed upon the file copies of the Form 
861. The original Form 861, with the customary indorsement 
thereon of payment, will be sent to the permittee, and one copy of 
the statement and of the Form 861 will be sent to the supervisor for 
his files. 

If the works are completed and operation begun at or prior to the 
time specified in the stipulation, the minimum rate of 10 cents per 
horsepower per annum will apply from such date proportionately to 
the fractional part of the calendar year succeeding such date, and 
also to the following full calendar 3^ear, and the rate will be increased 
each year by 10 cents per horsepower until the rate of $1 is reached, 
and will then remain at that rate until the expiration of the permit. 
All payments made previous to the beginning of operation will be 
applied on payments due or to become due at and after that time. 

In order that the district forester may know whether the terms 
of the stipulation and permit are being complied with, the super- 
visor should keep himself fully informed of the progress of the 
work. He shall immediately upon the date specified in the stipula- 
tion upon which construction should begin make an examination 
and report to the district forester whether the construction has 
begun. The supervisor should ascertain from time to time thereafter 
whether the works are being constructed with due diligence and in 
substantial agreement with the maps and plans, and in case of doubt 
should call for an examination by the district engineer. He shall 
also immediately on the date specified in the stipulation upon which 
operation should begin make an examination and report to the dis- 
trict forester whether such operation has begun. 



NATIONAL FOKEST MANUAL. 59 

In order that the district forester may be informed of the power 
situation in the whole district the supervisors will forward from 
time to time whatever information they are able to collect, formally 
or informally, concerning costs of generation of power, the returns 
from its sale, the interrelations of the various companies, transfers 
of rights, water locations, etc. The date and source of all such in- 
formation should be given with the supervisor's opinion of its 
reliability. 

SEMICOMMERCIAL POWER PROJECTS. 

Power projects of a semicommercial nature will be regarded as 
commercial except in so far as a satisfactory showing of partial 
noncommercial use may be made to the district forester by the 
permittee. 

The application, procedure, and rental charges will be the same 
as for commercial power projects except that the charge will be based 
upon the rental capacity of the power site after a proper credit has 
been given for the amount of power used for noncommercial pur- 
poses. (See Reg. Lr-8.) The credit so given will be such propor- 
tion of the preceding year's schedule charge (before any credits have 
been applied thereto) as the amount of power used for noncom- 
mercial purposes during the preceding year bears to the total amount 
of power developed during such year. The amount of the credit 
will be determined from statements submitted to the district forester 
by the permittee, or, if necessary, from an examination of the per- 
mittee's books (see Reg. L-14 (G), (H) ), or from an investigation by 
the district engineer. 

The data for determining the credit will be obtained each year 
by November 15, in order that the district forester may be prepared 
to send to the permittee at that time a statement of account, accom- 
panied by a letter of transmittal (Form 861), if a balance is due 
from tJie pemiittee. In arriving at the deduction to be made for 
any year, data shall be used for the 12 months next preceding the 
date of determination. 

APPLICATION AND PERMIT FOR POWER PROJECTS OF 100 HORSE- 
POWER TOTAL CAPACITY OR LESS. 

■ Permits for the occupancy and use of power sites having a total 
capacity of 100 horsepower or less will be issued by the district 
forester. (Reg. L-1.) No charge will be made for such permits. 

Applications in writing will be filed with the district forester and 
must conform to the requirements of Regulation L-12. 

Wlien the application is received the district forester will indorse 
thereon the date of its receipt. The application will be examined 
by the district engineer to determine whether it conforms to the 
requirements of the regulation and whether the total capacity of 
the site is 100 horsepower or less. If the capacity is found to be 
in excess of 100 horsepower the application will be returned and 
the applicant informed that an application in the form prescribed 
by Regulation L-10 or L-11 will be required. If the application is 
complete and the total capacity is 100 liorsepower or less the dis- 
trict forester will send the supervisor two print maps of location 
and a copy of the notes of survey and such other papers as may be 



60 NATIONAL FOBEST MANUAL. 

necessary. If the application is not accompanied by a certificate 
from the supervising engineer of the Reclamation Service that the 
proposed works will not interfere with any project of the Reclama- 
tion Service the district forester will secure the certificate before 
issuing the permit. 

The supervisor will cause such field examination to be made as 
may be necessary and will submit a special-use report (Form 964), 
accompanied when necessary by a report on timber to be cut or 
destroyed (Form 578b), to the district forester. 

A field examination by the district engineer will be made only 
when necessary in the judgment of the supervisor or the district 
forester. 

When the application is approved the district forester will pre- 
])are a permit on Form 832, in which will be inserted: Such items 
of Regulation L-14 as are suited to the conditions of the case. 

The district forester will prepare an original and four copies of 
the permit. He will send the original to the permittee, one copy to 
the supervisor, one to the Forester, one to the chief engineer, and 
will retain one for his oAvn files. The district forester will also send 
the Forester and the chief engineer a print copy of the map of loca- 
tion. 

Whenever applications involve both National Forest and Interior 
Department lands, the district forester will handle the application 
in a manner similar to that prescribed for preliminary permit when 
involving both National Forest and Interior Department lands. (See 
p. 53.) 

TRANSMISSION LINE APPLICATIONS AND PERMITS, ACT OF FEB- 
RUARY 15, 1901 (31 STAT., 790). 

All permits for transmission lines, except such as are a part of a 
general power project covered by a power permit, or are brought 
under such permit bv an amendment thereof and for which applica- 
tion is made under the act of February 15, 1901 (31 Stat., 790), will 
be issued by the Forester. 

When a transmission line is to be used in connection with a power 
project already imder permit and the application therefor is filed 
subsequently to the issuance of the general power permit, a separate 
permit will not be i.ssued for the transmission line, but its construc- 
tion will be authorized by an amendment of the general power per- 
mit, after the execution by the applicant of an amendment to the 
original stipulation. Such amendatory permits, as well as permits 
for transmission lines for temporary construction purposes, and per- 
mits to municipalities for municipal purposes will be issued without 
charge. In all other cases, unless otherwise ordered by the Secretary, 
a charge will be made of $5 per annum for each mile or fraction 
thereof of National Forest land crossed by such lines. 

Applications for such transmission line permits will be filed with 
the district forester and will, in addition to the papers required under 
Regulation I^-O, consist of tracings and field notes of survey, both 
in the form and with affidavits and certificates required for .such lines 
when a part of a final power application. (See Reg. L-11.) 

On the receipt of applications for transmission line permits, the 
district engineer will examine them in the order of their receipt 



NATIONAL FOREST MANUAL. 61 

as certified by the district forester, with a view of determining 
whether the applications are complete as required by the regulations. 
If complete, the district engineer will certify to the fact in the space 
provided on the form (Form 58a). If incomplete or insuflSicient, 
the district engineer will prepare for the signature of the district 
forester a letter to the applicant returning the application, or so much 
of it as is incorrect or incomplete, with a detailed statement of in- 
completeness or insufficiency. A carbon copy of this letter, certified 
by the initial of the district engineer, will be attached to and filed 
with the papers in the case. 

Upon the return of the amended papers the date and hour of their 
receipt will be certified by the district forester in the same manner 
as when they were originally received. 

No application for a preliminary permit for a power transmission 
line, except in connection with a general power project to be covered 
by a power permit, will be accepted, but only an application for a 
final permit as prescribed in the regulations. (See Reg. L-11.) 

Upon the completion of the application the district forester will 
forward to the supervisor a copy of the application, together with 
two prints of the maps. Upon the receipt of the maps and other 
papers the supervisor will forward a print of the maps to the ranger, 
will cause an immediate examination to be made for the purpose of 
estimating the amount of timber to be cut or destroyed, and will 
report to the district forester on Forms 964 and 578b. If the report 
on Form 578b can not be made immediately, the report on Form 964 
should be submitted at once, in order that the issuance of the permit 
may not be delayed by the inability of the supervisor or the ranger 
to make an immediate examination and report upon the amount of 
timber to be cut or destroyed. 

Upon receiving the sujDervisor's report the district forester will 
prepare five copies of the permit on Form 63. The file copy will be 
initialed by the district engineer and the district forester. The dis- 
trict forester will then send the applicant a statement on Form 861 
of the amount of the first year's rental charge, and will by letter 
inform him that any priority established under his application will 
be lost if the rental charges are not paid within 90 days from the date 
of the letter accompanying the statement, unless such time is extended 
by the written authority of the Secretary of Agriculture. 

Upon the receipt of notification from the district fiscal agent that 
the payment has been made the district forester will send the original 
of the Form 861 to the applicant and will send to the chief engineer 
two copies of the complete application, two prints of the map of loca- 
tion, three copies of the permit, including the original and file copy 
and the correspondence file. 

The chief engineer, if he approves the application and the form of 
permit, will initial the file copy, and after retaining one copy of the 
application and one print of the maps of location for his files will 
forward the remaining papers to the Forester. 

Upon the receipt of the papers the Forester will, if he approves 
the application and the form of permit, sign the original. The origi- 
nal and file copy of the permit and all the other papers, except a print 
of the maps of location, will then be returned to the district forester. 

Upon the receipt of the papers from the Forester the district for- 
ester will forward to the permittee the original permit, will inform 



62 NATIONAL FOEEST MANUAL. 

the chief engineer by letter of the fact and date of the sigtiature of 
the permit, and will send one copy of the permit to the supervisor, 
together with a copy of the Form 861. 

If the application involves both National Forest and Interior 
Department lands, the case will be handled in a manner similar to 
that outlined for preliminary applications. (See p. 53.) 

TELEPHONE, TELEGRAPH, AND POWER-TRANSMISSION LINES, ACT 
OF MARCH 4, 1911 (36 STAT., 1253). 

Applications for telephone, telegraph, and power-transmission 
lines, under the act of March 4, 1911, will be filed with the district 
forester and will conform to the requirements of applications for 
power-transmission lines under the act of February 15, 1901, as set 
forth in Reg. L-9 and Reg. L-11, except that two original tracings 
will be required. 

On the receipt of applications for right of way grants the district 
engineer will examine them in the order of their receipt as certified 
by the district forester, with a view of determining whether the appli- 
cations are complete as required by the regulations. If complete, the 
district engineer will certify to the fact in the space provided on the 
form (Form o8a). If incomplete or insufficient, the district engineer 
will prepare for the sig-nature of the district forester a letter to the 
• applicant returning the application, or so much of it as is incorrect 
or incomplete, with a detailed statement of the incompleteness or 
insufficiency. A carbon copy of this letter, certified by the initial of 
the district engineer, will be attached to and filed with the papers in 
the case. Upon the return of the amended papers the date and hour 
of their receipt will be certified by the district forester in the same 
manner as when they were originally received. 

Upon the completion of the application the district forester will 
forward to the supervisor a copy of the application, together with 
two prints of the maps. Upon the receipt of the maps and other 
papers the supervisor will forward a print of the maps to the ranger. 

Upon receiving the supervisor's report the district forester will 
prepare five copies of the stipulation on Form 69. The file copy 
will be initialed by the district engineer and the district forester. If 
the application is for a power-transmission line^ the district forester 
will send to the applicant with the stipulation a statement on Form 
861 of the amount of the first year's rental charge, and will by letter 
inform him that any priority established under his application will 
be lost if the stipulation is not executed and returned and the rental 
charges paid within 90 days from the date of the letter accompanying 
the statement, unless such time is extended by the written authority 
of the Secretary of Agriculture. 

If the application is for a telephone or telegraph line, the district 
forester will, in preparing the stipulation, add such special conditions 
as may be necessary in order to secure such facilities for forest officers 
or such use of the lines and poles of the applicant as may be necessary 
or convenient in the conduct of National Forest business or as may 
aid in the protection of the National Forests. In the letter transmit- 
ting the stipulations for the signature of the applicant the district 
forester shall inform him that any priority established under his 
application will be lost if the stipulation is not executed and returned 



NATIONAL FOEEST MANUAL. 63 

within 90 days from the date of the letter. No charge will be made 
for rights of way for telephone or telegraph lines. 

Upon the receipt of the executed stipulation, and if the applica- 
tion is for a power transmission line, the receipt of notification from 
the district fiscal agent that payment has been made, the district 
forester will send the original of Form 861 to the applicant and will 
send to the chief engineer two copies of the complete application, 
both original tracings, two prints of the tracings, and three copies 
of the stipulation (including the file copy), and the correspondence 
file. 

The chief engineer, if he approves the application and form of 
stipulation, will initial the file copy, and after retaining one copy 
of the application, one copy of the stipulation, and one print of the 
map of location for his files, will forward the remaining papers to 
the Forester. 

Upon the receipt of the papers the Forester will, if he approves 
the application and the form of stipulation, forward the same to 
the Secretary for his signature. The indorsement by the Secretary 
upon the original tracings will constitute the grant of the right of 
way applied for. 

Upon the return of the papers from the Forester, the district 
forester will forward to the grantee one original tracing and will 
retain the other for his own files. He will also inform the chief 
engineer by letter of the date and the signature constituting the 
approval of the Secretary. 

If the application involves both National Forest and Interior De- 
partment lands, the case will be handled in a manner similar to that 
outlined for preliminary applications for power transmission lines 
under the act of February 15, 1901. (See p. 53.) 

COPIES OF MAPS FOR GENERAL LAND OFFICE. 

After the issuance of any permit for the occupancy and use for 
power purposes of National Forest lands only, and after the approval 
of any grant for rights of way across such lands under the act of 
March 4, 1911, the district forester will send to the Forester one print 
copy of the general map of location for the Commissioner of the 
General Land Office. The map will be accompanied by a letter pre- 
pared for the signature of the Forester. The letter will state the 
date on which the permit was issued or the grant approved, the 
duration of the permit or the grant, the character of the use, the 
name and address of the applicant, and the date of priority. The 
commissioner makes entry of such permits and grants on the tract 
books of the Land Office. After such entry the final disposal of the 
tract traversed by the right of way will not be considered a revocation 
of the permit or of the grant, but such final disposal will be subject 
to such permit or grant, unless or until the permit or the grant shall 
have been specifically revoked, as provided for in the act of Febru- 
ary 15, 1901 (31 Stat., 790), or in the act of March 4, 1911 (36 Stat., 
1253), respectively. (See letter of the Secretary to the Commissioner 
of the General Land Office, Aug. 23, 1912, 41 L. D.) 

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